LATEST CASE UPDATE
People v. James L. Terry, 2012 IL App (4th) 100205
Post-Conviction - Res Judicata - New Evidence
Defendant's sixth amendment right to counsel of choice claim was barred by the doctrine of res judicata, as it had already been raised and decided both on direct appeal and in his petition for a writ of habeas corpus. Affidavit from defendant's mother, stating she had hired an attorney for defendant before his trial date, which was supplied nearly 23 years after defendant's trial, was not new evidence that would overcome res judicata because the information in the affidavit could have been discovered prior to trial.
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