Legal Opinion
People v. Guttierez
Appellate Court of Illinois
Decided March 20, 1995No. 1-91-2909PublishedCited by 22 opinions
1Opinion of the CourtJustice Wolfson
This State, as it must, provides adequate procedures to protect a defendant’s right not to be tried while unfit. In this first-degree murder case, those procedures were ignored. For that reason, we reverse the defendant’s conviction and remand for a new trial.
PROCEEDINGS BEFORE TRIAL
The defendant was charged with first-degree murder and aggravated battery. For reasons that are not clear, the trial judge ordered a behavior clinic examination of the defendant. That examination is authorized by section 104 — 13(a) (725 ILCS 5/104 — 13(a) West 1992)) of the Code of Criminal Procedure of 1963…
2Cases cited10 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Pate v. RobinsonSupreme Court of the United States · 1966
- Drope v. MissouriSupreme Court of the United States · 1975
- People v. MurphyIllinois Supreme Court · 1978
- People v. BrandonIllinois Supreme Court · 1994
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- People v. CortesIllinois Supreme Court · 1998
- Sturgeon v. ChandlerCourt of Appeals for the Seventh Circuit · 2009
- People v. KinkeadIllinois Supreme Court · 1998
- People v. McCullumAppellate Court of Illinois · 2008
- People v. SteinmetzAppellate Court of Illinois · 1997
17 more not listed; retrieve them via the Exa API.