(DOWNLOAD) "People v. Fife" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: People v. Fife
- Author : Supreme Court of Illinois
- Release Date : January 08, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The defendant, Gregory Fife, was found guilty of the unlawful delivery of more than 30 grams but less than 500 grams of a substance containing cannabis (Ill. Rev. Stat. 1975, ch. 56 1/2, par. 705(d)) by a jury in the circuit court of Menard County. On its own motion, the appellate court remanded to the circuit court for an evidentiary hearing to determine whether defendant's court-appointed trial counsel had a conflict of interest. At the hearing, defendant's trial counsel testified she thought she had informed him that she was a special assistant Attorney General — limited to workmen's compensation cases — but defendant testified he did not learn of this until after he had been convicted and started serving his sentence. The record does not show what the circuit court decided on this question, but in oral argument before us, the Attorney General conceded there was no effective waiver by the defendant. The Appellate Court for the Fourth District reversed the conviction, reasoning there was a conflict of interest, and remanded for a new trial over a dissent (65 Ill. App.3d 805). The appeal is before us on a certificate of importance issued by the appellate court (58 Ill.2d R. 316). At the time counsel here was appointed to represent the defendant, the Attorney General prohibited his staff members from representing defendants in criminal cases. Subsequently, on July 1, 1978, this prohibition was significantly modified in section 5 of the Attorney General's internal code of conduct:
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