Defendant was found guilty of six counts of first-degree murder and his conviction was affirmed on direct appeal. Defendant then filed a post-conviction petition, which was denied at the second stage. The appellate court reversed and remanded for a third-stage evidentiary hearing; however, during the hearing the trial court refused to allow defendant to testify. Defendant appealed again and the appellate court remanded for additional third-stage post-conviction proceedings, explaining that the evidentiary hearing was rendered incomplete and the trial court operated under the incorrect belief that it lacked the discretion to allow defendant to testify and instructed the trial court to exercise its discretion on remand. (HUTCHINSON and JORGENSEN, concurring)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act