Criminal procedure — due process

Posted August 8, 2022 11:54 AM

Where a defendant is engaged in second-stage postconviction proceedings and his counsel moves to withdraw following a motion to dismiss by the state, the court should settle the motion to withdraw. It then should give the defendant time to prepare and respond to the motion to dismiss rather than rule on both simultaneously.The 3rd District Appellate Court reversed and remanded a decision from Peoria County Circuit Judge Paul. P. Gilfillan.Clarence Triplett was charged with one count of criminal sexual assault and two …

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