People v. Kamsler
| Decision Date | 19 January 1968 |
| Docket Number | No. 40364,40364 |
| Citation | 233 N.E.2d 415,39 Ill.2d 73 |
| Parties | The PEOPLE of the State of Illinois, Appellee, v. Jack KAMSLER, Appellant. |
| Court | Illinois Supreme Court |
Jack Kamsler, pro se.
William G. Clark, Atty. Gen., Springfield, and John J. Stamos, State's Atty., Chicago (Fred G. Leach, Asst. Atty. Gen., and Elmer C. Kissane, David Selig and Joel M. Flaum, Asst. State's Attys., of counsel), for appellee.
The petitioner, Jack Kamsler, was tried by jury in the circuit court of Cook County, criminal division, and convicted of the crime of theft, for which he was sentenced to the penitentiary for a term of not less than 1 nor more than 5 years. The judgment of conviction was affirmed by the appellate court on a complete record (People v. Kamsler, 67 Ill.App.2d 33, 214 N.E.2d 562), and we denied leave to appeal. Thereafter, petitioner filed a post-conviction petition which was denied without an evidentiary hearing and petitioner has appealed to this court from the post-conviction judgment.
Petitioner was not represented by counsel in the trial court in the post-conviction proceeding although he was fully advised by the court of his right to counsel and advised that in the court's opinion he would be better off with counsel. Petitioner stated that he had studied law and thought that he could competently represent himself. Counsel was appointed by this court on the appeal but petitioner stated that he did not want counsel and he has proceeded Pro se in this court.
It is well settled that where a person convicted of a crime has taken an appeal from the judgment of conviction on a complete record, the judgment of the reviewing court is Res judicata as to all issues actually decided by the court and all issues which could have been presented to the reviewing court, if not presented, are waived. (People v. Armes, 37 Ill.2d 458, 227 N.E.2d 745.) Several of the allegations presented by the post-conviction petition fall in this category. The petitioner charged that he was not guilty of the crime; that the court erred in excluding evidence that he and his partner were in a legitimate business; and that a continuance obtained at his request did not renew the 120-day period provided for trial in section 103--5 of the Code of Criminal Procedure of 1963. (Ill.Rev.Stat.1965, chap. 38, par. 103--5.) In addition to the fact that these claims present no constitutional question, we note that the first issue was expressly decided by the appellate court against the petitioner and that the second and third points were not presented to the appellate court. The trial court was correct in ruling that these allegations did not require a hearing.
The petition also alleged that the State's Attorney requested excessive bail to punish the petitioner for harassing public officials, and that articles 15 and 16 of the Criminal Code defining the crime of theft are invalid. The contentions with respect to excessive bail and the invalidity of the statutes were not presented on the former appeal and have therefore been waived. The petitioner seeks to escape the application...
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People v. Lewis, 58910
...reviewing court, if not presented, are waived.' " (People v. Beckham (1970), 46 Ill.2d 569, 571, 264 N.E.2d 149; People v. Kamsler (1968), 39 Ill.2d 73, 74, 233 N.E.2d 415; People v. Armes (1967), 37 Ill.2d 457, 227 N.E.2d 745.) However, in numerous cases we have also held that res judicata......
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US ex rel. Bachman v. Hardy
...appeal are deemed forever waived, and relief for those claims will not be available on state post-conviction relief. People v. Kamsler, 39 Ill.2d 73, 233 N.E.2d 415 (1968); People v. Churchill, 92 Ill.App.3d 1006, 48 Ill.Dec. 364, 416 N.E.2d 395 (3d Dist.1981); People v. Edwards, 83 Ill.App......
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People v. Baze, 40762
... ... It is not the province of the court to modify its rules to permit an appeal whenever defendant desires. Therefore we find no constitutional deprivation in the failure of counsel of defendant's choice to appeal the case. People v. Kamsler, 39 Ill.2d 73, 75, 233 N.E.2d 415 ... Defendant contends in his supplemental brief that he [43 Ill.2d 305] was not proved guilty beyond a reasonable doubt. It is settled law that the purport of a post-conviction proceeding is not to readjudicate the guilt or innocence of a ... ...
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People v. Wright
...the record before the appellate court. People v. Gaines (1984), 105 Ill.2d 79, 91, 85 Ill.Dec. 269, 473 N.E.2d 868; People v. Kamsler (1968), 39 Ill.2d 73, 74, 233 N.E.2d 415. The State argues that the defendant's allegation of ineffective assistance of counsel is based on counsel's decisio......