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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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General Assembly Reconvenes for Spring Session The Illinois General Assembly reconvenes beginning on January 31st for its Spring session. The session is expected to be dominated by budgetary issues, particularly pension reform, in the run up to the first election since the redistricting process has created a great deal of political uncertainty. The Legislative Committee will begin reviewing legislation as they reconvene and advancing a targeted number of bills for passage during a part of the cycle which is usually very selective on substantive legislation. All elected State's Attorneys interested in serving on the Legislative Committee should contact Matt Jones at mjones@ilsaap.org Check out the Legislative Update page during the session to see which bills we are tracking.
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