Defendant, who was convicted of a shooting death several decades ago, made allegations to the Illinois Torture Inquiry and Relief Commission. The commission supported his claim and the circuit count appointed a special state’s attorney. The circuit court dismissed the proceedings without holding an evidentiary hearing and defendant appealed, arguing the circuit court erred in dismissing the claim without an evidentiary hearing and when it refused to remove the special state’s attorney due to an actual conflict of interest. The appellate court agreed and reversed and remanded with instructions to hold an evidentiary hearing and to appoint a different special state’s attorney because the potential for conflicting loyalties. (C.A. WALKER, concurring and TAILOR, concurring in part and dissenting in part)
Illinois Appellate Court
Criminal Court
Illinois Torture Inquiry and Relief Commission Act