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Corrupt Officer Not A Good Enough Reason For Appellate Relief

January 16, 2017 By Samuel Partida, Jr.

People v. Gonzalez, 2016 IL App (1st) 141660 (December). Episode 282 (Duration 7:51)

Defendant not entitled to a third stage evidentiary hearing even though a notoriously corrupt detective handled the witness identifications in his case. [Read more…]

Filed Under: Discovery, Postconviction Petition

When Judges Exhibit Bias Removal Is Warranted: Serious Allegations Of Police Abuse Can’t Be Ignored

July 16, 2016 By Samuel Partida, Jr.

People v. Montanez, 2016 IL App (1st) 133726 (June).
People v. Serrano, 2016 IL App (1st) 133493 (June). Episode 198 (Duration 13:34)

Trial court’s granting of the State’s motion for directed verdict after the defendant’s testimony in this third stage hearing must be reversed; any other result would work a palpable injustice. [Read more…]

Filed Under: Judicial Bias, Postconviction Petition

Judge Removed From Case To Prevent Palpable Injustice: Confession Beat Out Of The Accused

July 15, 2016 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/198cn.mp3

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See People v. Montanez, 2016 IL App (1st) 133726 (June) and
People v. Serrano, 2016 IL App (1st) 133493 (June). 

Sometimes the defense can gather up pretty convincing evidence of police misconduct, and the trial judge just can’t pull the trigger on doing the right thing. Episode 198 (Duration 16:04) [Read more…]

Filed Under: Judicial Bias, Postconviction Petition

Illinois Torture Inquiry and Relief Commission Report Advance Another Case To a Full Hearing on a Postconviction Petition

November 30, 2015 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/116.mp3

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People v. Weathers, 2015 IL App (1st) 133264 (November). Episode 116 (Duration: 3:21)

The 2012 Illinois Torture Inquiry and Relief Commission (TIRC) report confirms this defendant was tortured to confess.

[Read more…]

Filed Under: Postconviction Petition

First Post Conviction Petition Doesn’t Count If You Are Just Trying To Regain Appeal Rights

September 13, 2014 By Samuel Partida, Jr.

First post conviction petition does not count if the defendant is just trying to reinstall appeal rights. This postconviction petition was dismissed, in part, because it was defendant’s second postconviction petition. In the first post conviction petition Defendant just wanted to file a late appeal. [Read more…]

Filed Under: Postconviction Petition

Is The Rule 651(c) Certificate Required For Every Amended Postconviction Filed by Defendant?

August 22, 2014 By Samuel Partida, Jr.

Defendant filed several postconviction petitions; did counsel have to file a Rule 651 certificate after each amended petition? Appellate court said no. [Read more…]

Filed Under: Postconviction Petition

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