Justices disagree on plea bargaining rule

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted August 11, 2020 10:21 AM

In a 2-1 decision that flashes a warning signal for attorneys negotiating plea bargains, the Illinois Appellate Court concluded that Rule 402(f) of the Supreme Court Rules on criminal proceedings didn’t block prosecutors from using a videotaped statement Antwoine Eubanks provided about his role in a murder as part of a deal for a recommendation that he receive a 35-year prison sentence — because (1) the agreement required a truthful declaration (2) the trial judge granted Eubanks’ request to withdraw his guilty plea and (3 …

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