Criminal procedure — first state postconviction proceedings

Posted December 9, 2022 9:33 AM

Where a defendant files a postconviction proceeding he need only allege the gist of a constitutional claim and is not required to provide evidence for his allegations to proceed to a second-stage hearing.The 1st District Appellate Court reversed and remanded a decision from Cook County Circuit Judge Mary Margaret Brosnahan.Timothy Herring, then 19, broke into a Ford Mustang stored in the garage of Stephen Peters in November 2010. Peters discovered the break in and called the police. Chicago Police Officer Michael Flisk …

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