People v. Velazquez

Illinois Appellate Court
Criminal Court
FOIA
Citation
Case Number: 
2020 IL App (1st) 181958
Decision Date: 
Friday, July 17, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Vacated and remanded.
Justice: 
HARRIS

Defendant was convicted, after jury trial, of 1st degree murder.Court summarily dismissed Defendant's postconviction petition alleging ineffective assistance of appellate counsel. Defendant then made 4 FOIA requests. Defendant mailed a motion requesting declaratory or injunctive relief pursuant to section 11(f) of FOIA, which he filed in the criminal division. At hearing, circuit court dismissed the motion, stating that it did not have jurisdiction. Circuit court should have transferred action to chief judge for reassignment rather than dismissing it. (MIKVA and CUNNINGHAM, concurring.)