People v. Teague

In this case, the defendant, James Teague, appeals from an order of the Circuit Court of Kankakee County dismissing, without an evidentiary hearing, his amended petition for post conviction relief. For the reasons stated hereafter, we reverse and remand for a new trial.

From the record it appears that two weeks prior to the defendant’s indictment for the offenses of aggravated kidnapping, rape, and deviate sexual assault, the defendant’s then attorney, William Eaken, moved for a hearing on the subject of the defendant’s fitness to stand trial pursuant to section 5 — 2—1 of the Unified Code of…