[DOWNLOAD] "People v. Witherspoon" by Supreme Court of Illinois # eBook PDF Kindle ePub Free

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eBook details

• Title: People v. Witherspoon
• Author : Supreme Court of Illinois
• Release Date : January 25, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

On September 19, 1966, the defendant shot and killed his former wife, Louise Polk, in her apartment in Chicago. Following a jury trial in the circuit court of Cook County, the defendant was convicted of murder and was sentenced to a term of from 25 to 40 years in the penitentiary. His appeal was perfected prior to July 1, 1971. Since a constitutional question had been raised, the appeal came directly to this court under our Rule 603 then in force (43 Ill.2d R. 603). The defendant's first contention is that he was denied effective assistance of counsel because the record does not show that the court-appointed attorney made any attempt to secure favorable evidence prior to trial. The defendant was indicted for murder on October 17, 1966. At his arraignment on October 24, the public defender was appointed to represent him and continued to represent him at various court appearances until January 18, 1967. The defendant then moved for the appointment of private counsel, which motion was allowed on February 1, 1967. On August 7, 1967, the court-appointed private counsel withdrew and the public defender was once again appointed to represent the defendant. The same assistant public defender who that day appeared for defendant continued to represent him throughout the remainder of the proceedings in the trial court. Numerous continuances were granted, and on October 19, 1967, a hearing was held on defendant's motion to suppress his confession. The motion was denied. On January 10, 1968, the court allowed defendant's motion to retain private counsel, but the assistant public defender did not withdraw as counsel. The attempts by the defendant and his brother to procure private counsel were unsuccessful, and on April 25, 1968, the trial commenced with the defendant being represented by the assistant public defender who had represented him at various proceedings over a period of approximately 8 months. On the day that the trial began the defendant asserted that the assistant public defender was inadequately prepared for trial. However, the assistant public defender informed the court that he was completely prepared and ready for trial.

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