[Download] "People v. Joseph" by Supreme Court of Illinois * Book PDF Kindle ePub Free
eBook details
- Title: People v. Joseph
- Author : Supreme Court of Illinois
- Release Date : January 20, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
The defendant, John Michael Joseph, asks this court to determine whether the circuit court of Knox County erred in ruling that section 122-8 of the Post-Conviction Hearing Act (Ill. Rev. Stat., 1984 Supp., ch. 38, par. 122-1 et seq.) violates the separation-of-powers clause of the 1970 Constitution (Ill. Const. 1970, art. II, sec. 1). The statute requires that all post-conviction proceedings shall be conducted and all petitions shall be considered by a judge who was not involved in the original proceeding which resulted in conviction. (Ill. Rev. Stat., 1984 Supp., ch. 38, par. 122-8.) We granted defendant's motion for leave to appeal as a matter of right.
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