Illinois Bar Journal

Articles on Due Process

Defendant’s mental illness does not establish cause for his failure to raise unfitness defense in earlier postconviction petition

May
2021
Illinois Law Update
, Page 16
On Feb. 11, 2021, the First District of the Illinois Appellate Court dismissed a successive postconviction petition raising a due-process violation on fitness grounds because the defendant neither raised the claim earlier nor showed cause for such failure.

Excusing sleepy juror not an abuse of discretion

March
2020
Illinois Law Update
, Page 20
On Dec. 18, 2019, the Third District Appellate Court found that the trial court had not abused its discretion when it dismissed a juror who slept through portions of a first-degree murder proceeding and ignored photographic evidence.

State must establish elements of a gang-related offense before shifting the burden to defendant

January
2020
Illinois Law Update
, Page 16
On Oct. 18, 2019, the Illinois Supreme Court vacated a defendant’s conviction for unlawful possession of a firearm by a member of a street gang.

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