Legal Opinion · Dissent

People v. Brown

Illinois Supreme Court

Decided February 4, 2010No. 106243, 106273 consPublished

1DissentJustice Garman

The majority concludes that under the rule announced by this court in People v. Hodges, 234 Ill. 2d 1 (2009), petitioner is entitled to proceed to the next stage of postconviction review because his legal theory is “not completely contradicted by the record.” 236 Ill. 2d at 191. In addition, the majority finds that the allegations in his postconviction petition “and the nature of this offense at least arguably raise a bona fide doubt of petitioner’s ability to understand the nature and purpose of the proceedings and assist in his defense” 236 Ill. 2d at 191. By the “nature of this offense,”…

2Cases cited23 opinions

  1. Neitzke v. WilliamsSupreme Court of the United States · 1989
  2. Apprendi v. New JerseySupreme Court of the United States · 2000
  3. Drope v. MissouriSupreme Court of the United States · 1975
  4. People v. ColemanIllinois Supreme Court · 1998
  5. People v. EdwardsIllinois Supreme Court · 2001

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