People v. Fair

In a case of first impression, the Illinois Supreme Court examined what constitutes a claim of torture under the Illinois Torture Inquiry and Relief Commission Act and what standards apply when a trial court reviews a claim referred by the commission. The supreme court held that a court analyzing a claim of torture under the Act must consider the totality of the circumstances, including any allegations of constitutional violations that would not, by themselves, support a freestanding claim of torture. The court, however, found the lower court's finding that petitioner failed to prove his claim of torture was not manifestly erroneous and affirmed. (THEIS, OVERSTREET, CUNNINGHAM, and ROCHFORD, concurring and NEVILLE and O’BRIEN, dissenting)