People v. Cox
| Decision Date | 25 January 1966 |
| Docket Number | No. 39276,39276 |
| Citation | 34 Ill.2d 66,213 N.E.2d 524 |
| Parties | The PEOPLE of the State of Illinois, Appellee, v. Clifton H. COX, Appellant. |
| Court | Illinois Supreme Court |
Michael F. Sheehan, Jr., Chicago, for appellant.
William G. Clark, Atty. Gen., Springfield, and Daniel P. Ward, State's Atty., Chicago (Fred G. Leach, Asst. Atty. Gen., and Elmer C. Kissane and James B. Klein, Asst. State's Attys., of counsel), for appellee.
Clifton H. Cox appeals from an order of the circuit court of Cook County dismissing a petition for post-conviction relief, filed under the provisions of the Post-Conviction Hearing Act. (Ill.Rev.Stat.1963, chap. 38, pars. 122-1 et seq.) Constitutional questions give us jurisdiction of the appeal.
Defendant was convicted of armed robbery and on writ of error sued out of this court, the judgment of conviction was affirmed. (People v. Cox, 22 Ill.2d 534, 177 N.E.2d 211.) Among other things, our opinion rejected the contentions of defendant: (1) That he had been deprived of the right to have counsel of his choice appointed by the court to defend him; (2) that the incompetency of his appointed counsel deprived him of due process of law; and (3) that the trial court erred in admitting into evidence incriminating statements made by co-defendants.
Subsequent to our opinion, defendant filed the petition for post-conviction relief involved in this appeal claiming that he had been deprived of due process of law in several respects. First, because the trial court would not continue the cause until the counsel he desired could appear; second, because the counsel who was appointed and ultimately defended him went to trial without preparation or knowledge of the case; and third, because the trial court received into evidence the incriminating statements of the co-defendants. On motion of the People alleging that the constitutional claims were res judicata by virtue of our opinion on the occasion of the writ of error, and that no new or substantial constitutional issues were raised, the trial court dismissed the petition. In our judgment, the order of dismissal was correct.
We have consistently held that the Post-Conviction Hearing Act was not intended to be used as a device to obtain another hearing upon a claim of denial of constitutional rights where there has already been a full review of the issues raised, (People v. Davis, 415 Ill. 234, 112 N.E.2d 484; People v. Jennings, 411 Ill. 21, 102 N.E.2d 824; Ciucci v. People, 21 Ill.2d 81, 171 N.E.2d 34,) and we believe it obvious here that the questions urged in defendant's petition were necessarily adjudicated when we passed upon his writ of error. This is so, even though the present petition attempts to change the character of the questions previously advanced...
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People v. Simpson
...upon a claim of denial of constitutional rights when there had already been a full review of this issue raised. People v. Cox, 34 Ill.2d 66, 67-68, 213 N.E.2d 524 (1966). Defendant in this case cannot circumvent the purpose of the Act by framing the issue in different terms. Therefore, defe......
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People v. Keene
...1124.) Nor is the claim based on a constitutional right capable of being raised in a post-conviction petition. (See People v. Cox (1966), 34 Ill.2d 66, 68, 213 N.E.2d 524 (stating that the erroneous admission of evidence "does not constitute a denial of constitutional rights[ ] or present a......
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People v. Barrow
...them in different constitutional terms.'" Emerson, 153 Ill.2d at 106, 180 Ill.Dec. 46, 606 N.E.2d 1123, quoting People v. Cox, 34 Ill.2d 66, 67-68, 213 N.E.2d 524 (1966). On direct appeal, this court rejected the defendant's argument that he was denied his right to effective assistance of c......
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People v. Gaines
...upon a claim of denial of constitutional rights where there has already been a full review of the issues raised." (People v. Cox (1966), 34 Ill.2d 66, 67, 213 N.E.2d 524.) Nor can this policy be defeated by rephrasing previously addressed issues in constitutional terms when raising them in ......