Legal Opinion
United States ex rel. Bilyew v. Franzen
Court of Appeals for the Seventh Circuit
Decided August 17, 1982No. 81-1669PublishedCited by 43 opinions
1Opinion of the Court
CUMMINGS, Chief Judge.
John Bilyew’s petition for habeas corpus alleges that he was denied due process because the Illinois trial court placed on him the burden of proving that he was unfit to stand trial. At the time of Bilyew’s conviction Illinois law provided that “[t]he burden of proving the defendant is not fit is on the defendant if he raises the question * * *.” Ill.Rev.Stat. ch. 38, § 1005-2-l(i) (1973) (repealed by P.A. 81-1217, § 3, effective Dec. 28, 1979). Bilyew’s lawyer raised the question of fitness and thereby assumed the burden of showing that Bilyew was unfit to be tried. The…
2Cases cited19 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Dusky v. United StatesSupreme Court of the United States · 1960
- Pate v. RobinsonSupreme Court of the United States · 1966
- Drope v. MissouriSupreme Court of the United States · 1975
- United States v. John Digilio, in No. 75-2218. Appeal of Harry Lupo, in No. 75-2219. Appeal of Peter Szwandrak, in No. 75-2220Court of Appeals for the Third Circuit · 1976
14 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Donald Barth v. Bruce S. Gelb, Director, United States Information AgencyCourt of Appeals for the D.C. Circuit · 1993
- People v. MedinaCalifornia Supreme Court · 1990
- William N. RAY, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1988
- Thompson v. SullivanCourt of Appeals for the Seventh Circuit · 1991
- State v. JohnsonWisconsin Supreme Court · 1986
38 more not listed; retrieve them via the Exa API.