People v. Gibson

Illinois Appellate Court
Criminal Court
Due Process
Citation
Case Number: 
2021 IL App (1st) 190137
Decision Date: 
Thursday, March 25, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
REYES

Defendant was convicted, after bench trial, of 2 counts of attempted 1st degree murder and 1 count of aggravated battery. Court did not violate Defendant's due process rights in allowing him to be shackled during bench trial. Defendant invited the error when defense counsel instructed court to proceed with bench trial despite the fact that Defendant was in shackles. Defendant makes no persuasive argument that defense counsel was without authpority to so advise trial court. The right to be tried without shackles is governed only by Rule 430, which rule does not require trial courts to deliver any admonishments to defendants. (GORDON and LAMPKIN, concurring.)