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eBook details

• Title: People v. Stepheny
• Author : Supreme Court of Illinois
• Release Date : January 23, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Defendant, Leon Stepheny, was indicted for murder but was found guilty of voluntary manslaughter after a bench trial in the circuit court of Cook County in 1965. He was sentenced to the penitentiary for a term of 10 to 20 years. On direct appeal, the appellate court affirmed (People v. Stepheny, 76 Ill. App.2d 131), and we denied leave to appeal (35 Ill.2d 631). Thereafter, defendant sought post-conviction relief (Ill. Rev. Stat. 1967, ch. 38, par. 122-1 et seq.) but his petition was dismissed without an evidentiary hearing. We reversed and remanded this cause (No. 41349, not reported) on the basis of People v. Slaughter, 39 Ill.2d 278. We appointed new counsel, who thereafter filed an amended post-conviction petition. This petition was also dismissed without an evidentiary hearing. On appeal from this second dismissal order we reversed and remanded for an evidentiary hearing on the sole issue of competency of appointed trial counsel. (People v. Stepheny, 46 Ill.2d 153.) A hearing on this matter was conducted and resulted in the denial of his petition. This appeal follows. We need only consider his contention that his trial was a sham and a mere formality, because the result had been agreed to in chambers and his appointed counsel in effect entered a plea of guilty for him without the necessary explanation of rights and waivers.

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