People v. Montgomery

Illinois Appellate Court
Criminal Court
Judicial Bias
Citation
Case Number: 
2023 IL App (3d) 200389
Decision Date: 
Friday, June 2, 2023
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed in part and reversed in part.
Justice: 
DAVENPORT

Defendant pled guilty to aggravated battery and was sentenced to nine years in prison. On direct appeal, defendant argued that the trial court erred when it denied his request for a continuance to retain private counsel, that the trial court denied him a fair sentencing hearing, and that the trial court abused its discretion in its sentencing. The appellate court affirmed in part and reversed in part, finding that the trial court did not abuse its discretion in denying defendant’s request for a continuance to hire an attorney on the day trial was scheduled to begin, but further finding that the trial court exhibited judicial bias in sentencing and exhibited improper animosity toward the defendant. (BRENNAN, concurring and HETTEL, concurring in part and dissenting in part)