People v. Brown
| Decision Date | 29 January 1969 |
| Docket Number | No. 40810,40810 |
| Citation | 244 N.E.2d 159,41 Ill.2d 503 |
| Parties | The PEOPLE of the State of Illinois, Appellee, v. John W. BROWN, Appellant. |
| Court | Illinois Supreme Court |
Gerald W. Getty, Public Defender, Chicago (James J. Doherty, Asst. Public Defender, of counsel), for appellant.
William G. Clark, Atty. Gen., Springfield, and John J. Stamos, State's Atty., Chicago (Fred G. Leach, Asst. Atty. Gen., and Elmer C. Kissane, Asst. State's Atty., of counsel), for appellee.
The defendant, John W. Brown, entered pleas of guilty in the circuit court of Cook County to three indictments charging him with the crimes of murder, burglary and armed robbery, and was sentenced to the penitentiary for a term of 15 to 30 years on the murder charge and concurrent terms of 1 to 30 years on the other indictments. His petition under the Post-Conviction Hearing Act was denied without an evidentiary hearing and he has appealed to this court from the post-conviction judgment.
The Pro se petition alleged that defendant was not advised of his right to counsel and his right to remain silent and that his request to call an attorney was refused. It was alleged that as result of persistent questioning defendant made damaging admissions which were used against him at his trial. The petition further alleged that the defendant was never confronted with the witnesses against him in the form of a line-up, nor was he identified by any witness at his trial. The defendant's final allegation was that he changed his pleas to guilty on the advice of his appointed attorneys, who told him that if he insisted on a jury trial the court would give him as much time, or more, than his co-defendants, and that there was the possibility that he would receive the death penalty. The State's motion to dismiss incorporated a transcript of the proceedings at the time of defendant's pleas of guilty, from which it appeared that the court fully advised the defendant of his right to trial by jury and admonished him as to the consequences of his pleas. The motion also incorporated the copy of the petition of defendant's appointed attorneys for fees, in which the attorneys alleged that they had spent in excess of 25 hours in investigation, court appearances and extensive conferences with the defendant, the State's Attorney's office and the trial judge.
In order to require a hearing a post-conviction petition must make a substantial showing that the defendant's constitutional rights have been violated...
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DelVecchio v. Illinois Dept. of Corrections
...defendants who have pled guilty from challenging the constitutionality of their confessions in those cases. People v. Brown, 41 Ill.2d 503, 505, 244 N.E.2d 159 (1969). Illinois thus argues that DelVecchio lost his right to contest his 1965 confession when he swore in state court that he had......
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US ex rel. Del Vecchio v. ILL. DEPT. OF CORR., 90 C 4160.
...his plea of guilty based on a prior constitutional violation relating to the crime to which he pleaded guilty. See People v. Brown, 41 Ill.2d 503, 244 N.E.2d 159, 160 (1969); People v. Jackson, 47 Ill.2d 344, 265 N.E.2d 622, 625 (1970); People v. Scott, 49 Ill.2d 231, 274 N.E.2d 39, 40 (197......
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...that are not jurisdictional.' " (Del Vecchio, 105 Ill.2d at 433, 86 Ill.Dec. 461, 475 N.E.2d 840, quoting People v. Brown (1969), 41 Ill.2d 503, 505, 244 N.E.2d 159.) Issues waived by a defendant's plea of guilty include the admissibility of his or her confession. People v. Stice (1987), 16......
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People v. McCarty
...759. Again, we stress that the error complained of here is not a procedural irregularity, as in Gilmore, Stanley, and People v. Brown (1969), 41 Ill.2d 503, 244 N.E.2d 159, but an error of law by the trial court involving the substantive reach of the criminal statute invoked in the informat......
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INNOCENCE IS NOT ENOUGH: ILLINOIS CERTIFICATES OF INNOCENCE & THE CASE OF WAYNE WASHINGTON.
...N.E. 2d 829, 841 (Ill. 1970) (recognizing hope for lesser sentence influential in defendant's decision to plead guilty); People v. Brown, 244 N.E.2d 159, 160 (111. 1969) (finding defendant pleaded due to his fear of a severe sentence); Wright, supra note 95, at 109, 109 (114) Although court......