People v. Anderson

Defendant submitted a claim to the Illinois Torture Inquiry and Relief Commission alleging that his convictions in two underlying cases resulted from his torture by Chicago police and sought suppression of inculpatory statements defendant made during interrogation. The commission referred the matter for judicial review and, after holding an evidentiary hearing, the trial court found defendant had fabricated his claims of torture and denied defendant any relief. Defendant appealed and in a prior opinion the appellate court reversed the trial court judgment and remanded for new trials. The Illinois Supreme Court then issued a supervisory order directing the appellate court to reconsider its opinion pursuant to People v. Fair. The appellate court reconsidered its prior opinion and concluded that although the trial court identified the correct inquiry regarding defendant’s burden of proof, the trial court’s decision to deny relief was manifestly erroneous. (HYMAN, concurring and LAVIN, dissenting)