(DOWNLOAD) "People v. Newberry" by Supreme Court of Illinois " Book PDF Kindle ePub Free
eBook details
- Title: People v. Newberry
- Author : Supreme Court of Illinois
- Release Date : January 25, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Petitioner George Newberry was indicted for murder, convicted of voluntary manslaughter following a bench trial in Cook County, and sentenced to imprisonment of 4 to 15 years. The appellate court affirmed. (People v. Newberry (1970), 127 Ill. App.2d 322.) Petitioner then sought relief under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1969, ch. 38, par. 122-1 et seq.) in the circuit court of Cook County, and his pro se petition was denied without an evidentiary hearing. It is from that denial that this appeal comes. To be cognizable under the Post-Conviction Hearing Act, a claim must assert the substantial denial of a constitutional right; a number of petitioner's arguments, however, have been or should have been adjudicated in his prior direct appeal and we do not believe that the facts of this case warrant their examination under the fundamental fairness exception to the doctrine of res judicata. (People v. Weaver (1970), 45 Ill.2d 136; People v. Hamby (1965), 32 Ill.2d 291.) Of the several remaining allegations of constitutional error made by petitioner, only the following concerning the right to effective assistance of counsel, are pleaded with sufficient clarity to permit review:
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