(Download) "Frost v. Vil. of Glenn Ellyn" by Supreme Court of Illinois ~ Book PDF Kindle ePub Free
eBook details
- Title: Frost v. Vil. of Glenn Ellyn
- Author : Supreme Court of Illinois
- Release Date : January 22, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Following his plea of guilty in January of 1964 to unlawful possession of narcotics, defendant, Jerome Barkan, Page 262 was sentenced in the circuit court of Cook County to a term of 5 to 10 years imprisonment. He subsequently filed a petition under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1963, ch. 38, pars. 122-1 et seq.), alleging that he had been adjudicated mentally ill seven years prior to his plea and had not been subsequently restored. That adjudication was predicated upon a finding of "character disorder C.P.I.". As a consequence, he alleged that he was incompetent to plead guilty, and prayed alternatively for a competency hearing or a new trial. Deferring a ruling on the States motion to dismiss, the presiding judge allowed defendant time within which to amend his petition by setting forth further circumstances, and relating the availability of further proof, which would create a bona fide doubt as to his competency at the time of his plea. No amendment was filed, and at a hearing two months later, the petition was dismissed. Defendant now appeals from the denial of an evidentiary hearing.
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