People v. Gibson

Illinois Appellate Court
Criminal Court
Right to Counsel
Citation
Case Number: 
2017 IL App (1st) 143566
Decision Date: 
Tuesday, October 10, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
HYMAN

In years prior to trial, Defendant rejected 3 public defenders and decided to represent himself. Just before voir dire, Defendant asked court to reappoint the public defender's office.  Court denied Defendant's request, finding it was a delay tactic. Defendant refused to enter the courtroom for his trial,a nd he was tried in absentia, without counsel, and convicted of murder and concealment of a homicidal death. Court did not abuse its discretion in denying Defendant's request for appointed counsel, as court found that Defendant's request was an attempt to delay trial. Statutory requirement that a defendant who is tried in absentia must be represented by counsel does not apply to in-custody defendants. (NEVILLE and PUCINSKI, concurring.)