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…]
Serious possible prosecutorial misconduct but a difinite discovery violation is being litigated in the Third District. Podcast Episode 047 of the Criminal Nuggets Podcast discusses a case where the issue at hand involves whether or not a prosector told a witness to lie at trial. [Read more…]
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…]
Defendant filed several postconviction petitions; did counsel have to file a Rule 651 certificate after each amended petition? Appellate court said no. [Read more…]
Can letters from family members be supporting affidavits?
Yes, but here Defendant's supporting affidavits were two letters from her mother and brother held were together with tape. [Read more…]
What is an affidavit?
Defendant's postconviction petition did not have a proper supporting affidavit so it was proper to dismiss it. This case also explains quite well the difference between a verifying petition and a supporting affidavit. [Read more…]