People v. Johnson

Petitioner-appellant filed a claim with the Illinois Torture Inquiry and Relief Commission (TIRC) alleging that his convictions in two underlying matters were the result of police torture. The TIRC referred his claims to the circuit court. Petitioner moved for substitution of judge as of right. The trial court denied his motion and then granted the State’s motion to dismiss the TIRC referral. The appellate court found that the trial court erred when it dismissed the referral without first holding an evidentiary hearing and that the court erred when it denied his motion to substitute judge. (HYMAN and WALKER, concurring)