People v. Shepherd

Illinois Appellate Court
Criminal Court
Motion to Suppress
Citation
Case Number: 
2018 IL App (3d) 160724
Decision Date: 
Thursday, March 8, 2018
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed and remanded.
Justice: 
SCHMIDT

Attorney met with Defendant, who had been charge with sexual assault and abuse offenses, in county jail and discussed legal representation. Defendant told attorney that his father would pay retainer, but it was never paid, and attorney's agreement to represent Defendant was contingent upon him paying retainer and signing a contract.Attorney's conduct, in representing person who Defendant solicited to kill 4 witnesses in sex offense case, did not violate ethical duty owed to Defendant, and thus attorney's conduct did not trigger exclusionary rule. No evidence that attorney revealed any privileged information to anyone at any time.(CARTER, concurring; WRIGHT, specially concurring.)