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Denny_Crane

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  1. Back to the original topic! Be sure to pass along encouragement to the college student administrating this site so as to include any new information; if illinois does not pass a budget for a second year in a row. Check out: Dire scenarios for Illinois in second year without budget By By IVAN MORENO SPRINGFIELD, Ill. (AP) — If Illinois enters a second year without a budget this week, cash will stop flowing to local 911 centers, preventive health screenings and tuition grants for low-income college students — and the situation will only get direr from there... http://news.findlaw.com/apnews/083099a2b0ca47d9a6cd2238c3c06f1f
  2. Found this: The Illinois courts have long held that in order to support a claim of error on appeal the appellant has the burden to present a sufficiently complete record Foutch v. O'Bryant, 99 Ill.2d 389, 391-92 (1984). In fact, "[f]rom the very nature of an appeal it is evident that the court of review must have before it the record to review in order to determine whether there was the error claimed by the appellant." Foutch, 99 Ill.2d at 391. Where the issue on appeal relates to the conduct of a hearing or proceeding, this issue is not subject to review absent a report or record of the proceeding. Instead, absent a record, "it [is] presumed that the order entered by the trial court [is] in conformity with the law and had a sufficient factual basis." Foutch, 99 Ill.2d at 392. In Foutch v. O'Bryant, 99 Ill.2d 389, 391-92 (1984), defendant's motion to vacate judgment was denied by the trial court. Defendant failed to present a complete record of the hearing on review. Specifically, the record was devoid of a transcript or report of the proceedings, a bystander's report, or an agreed statement of facts (166 Ill. 2d Rs. 323©, (d)). This court held that "[a]s there [was] no transcript of the hearing on the motion to vacate here, there is no basis for holding that the trial court abused discretion in denying the motion." Foutch, 99 Ill.2d at 392. Would lack of a transcript or record of a court appearance qualify as error? Could it be solved by such a report?
  3. Typical scare-tactics by a politician (of any strip). Some solution will be proposed and adopted, but how will it be paid for? Most of these positions are union jobs which the governor has been outspoken about.
  4. 1). The OP says it may have been held longer than that. He wasn't charged with the "new crime" until later, which is his main concern. It's still not clear though. So, a lawsuit is viable. 2). Again, after re-reading the thread, it may have been longer. Why is the court taking so long to evaluate this one documents' origins?
  5. Found this today: Illinois is the only state without a budget agreement for this fiscal year, and is on the brink of starting its second. Rauner and Democrats have been squabbling for more than a year. The governor has insisted on cost-cutting changes in law to boost business, freeze property taxes, curb union influence, and adopt political term limits and fairer ways to draw legislative districts. Democrats contend the priority should be spending cuts and a tax increase to get control of a multibillion-dollar deficit... http://news.findlaw.com/apnews/94924cfd042e407697a17a9f3d1391f9
  6. Thanks Dogg, I'm unsure that helps either. I've always been guided by: Some combinations of relationships among lawyers and clients are, by themselves, enough to create disqualifying conflicts of interest. For example, a conflict exists when a lawyer represents both the victim of a crime and the defendant accused of committing that crime. People v. Stoval, 40 Ill.2d 109, 112 (1968). Illinois authority describes such circumstances as ones of per se conflict of interest. Representation by counsel acting under a conflict violates the defendant's right to counsel, unless the defendant has knowingly waived the right to conflict-free counsel. Stoval, 40 Ill.2d at 111-14. At one time, the Illinois Supreme Court held that, when one member of a public defender's office must attack the effectiveness of another member of that office, a per se conflict exists. See People v. Smith, 37 Ill.2d 622, 623-24 (1967). However, in Banks, the supreme court overruled its decision in Smith, holding that, in such circumstances, one may generally assume that a public defender can overcome any sense of allegiance to fellow defenders and can give his or her full loyalty to the client. Banks, 121 Ill.2d at 43. Thus, "where an assistant public defender asserts that another assistant from the same office has rendered ineffective assistance, a case-by-case inquiry should be conducted to determine whether any circumstances peculiar to the case indicate the presence of an actual conflict of interest." This citation concerns post-conviction assertions. Yet to find a case concerning conflicted staff of a public defenders office and whether inquiry is required.
  7. Thanks, Dogg for trying... True, the head PD was conflicted off the case. Other conflicted attorneys were appointed and removed. Some testified that their supervisors knew they were conflicted prior to their appointment, but their bosses still went ahead and designated them to handle the case anyway. The matter now is this lone investigator. Requesting a replacement has come up empty. Originally, he was appointed by supervisors who have now been removed (so he was removed). This conflicted investigator has now been reinstated. He refuses to investigate crucial aspects of the case frustrating counsel and the defendant. Counsel claims the matter is outside his control. Do the Professional Rules in Illinois cover this? Complaints to the ARDC won't help, he's not an attorney. Can an entire office be cited? These questions are in preparation for upcoming hearings. The court has yet to rule on these matters. LegalwriterOne, it is frustrating, but thank you for your insights...
  8. In this case, counsel claims he does not have a choice either on who he can use as an investigator. So, what can be done?
  9. Thank You RetiredinVA, your insights have always been helpful. The matter mentioned here is a new wrinkle. The PD office as a whole has asked to be removed from the case multiple times. The first several appointments were allowed to withdraw citing and noting their conflicts. The investigator mentioned here was first assigned by one of those deputies who later was allow to withdraw (so the investigator was then removed also). Now, the investigator was reassigned. Counsel claims they have no choice in the matter. They do not want to be on the case and argue that they have no control in what investigator gets assigned. This issue has yet to be raised in court. The concerns are, if assignment of this investigator is being motivated by an established conflicted party and those supervisors have consistently and repeatedly assigned conflicted counsel and now this investigator is that sufficent to show an established bias? To correct your misimpression RetiredinVA , counsel claims that they are not directly responsible for this investigator: his assignment, his oversight, his investigations, etc. From your or others experience does this sound possible or correct?
  10. The site has been contacted by several Illinois law schools recently, so as to add their deficits and underfunding to the lists. Illinois has recently been in the news for having a educational funding crisis from lack of a budget. Please contact the site with your data on unfunded legal services and resources.
  11. Appointed counsel has frequently asked the court if he/she and his/her office can withdraw or be removed from representing a client due to conflict. The judge denies these requests. So, counsel next sends an investigator from the PD office to interview his/her client and review police reports and do investigative work. The investigator in question has a personal and professional relationship with many of the state and defense witnesses and makes his/her bias openly known to the client, often siding with his/her associates against the client. Previous counsel has not used this investigator for this case due to his/her professed conflicts, but the current appointed counsel insists on this assignment. Is there a procedure in Illinois for removing a investigator from a case? Is it all up to the attorney managing the case? If counsel is deemed to not be conflicted, does that cover his/her choices of third-party support staff? Is the purposeful assignment of a possibly conflicted support staff prejudical or a conflict in and of itself?
  12. The site is back up with more capacity. Should have no problem with access. Email the admin and request they add "legal services" and how they are affected across Illinois due to the budgetary shortfalls. The uses a variety of sources for its data, i.e., newspaper articles, census data, state economic reports, etc.
  13. She wished to be involved in her own case. Afterall, she was a professional, college educated and capable of filing her own pro se petition. She knew her case best. Counsel closed-out nearly all participation and failed to interview witnesses or investigate or gather evidence. The failure to allow assistance is one of her claims and she wishes to add several citations. Got any?
  14. Recently, a University of Illinois students debuted a website. www.illinoisausterityatlas.com The student created this information packed site which chronicles the effects of the ongoing Illinois state budget stalemate. The site has some good graphics and data in categories like: Higher Education, Youth, Health & Social Services. The student was recently contacted and asked if she would include "Legal Services" as a seperate category, as many on those effected by Illinois' financial woes would also be in need of those types of services. Encourage the student to update and provide these statistics on her website for all to see.
  15. True, but if now the state is claiming the "detention" is something else and the order is being used for a completely new charge doesn't this apply: See Gerstein v. Pugh, 420 U.S. 103, 114, (1975) (requiring judicial determinations of probable cause to be “prompt”); County of Riverside v. McLaughlin, 500 U.S. 44, 56, (1991) (holding that as a general matter, “a jurisdiction that provides judicial determinations of probable cause within 48 hours of arrest” will comply with Gerstein 's promptness requirement); Lopez v. City of Chicago, 464 F.3d 711, 714 (7th Cir.2006) (providing that delays taking longer than 48 hours must be justified by the existence of emergency or other extraordinary circumstances). Several posters have asked, when did the court determine probable cause for this completely new charge?
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