Scott claim in Illinois

2015Scott contends that he was denied effective representation because: (i) defense counsel did not present Jermaine Cummings' robbery conviction as Lynch character evidence to support Scott's claim of self-defense (People v. Lynch, 104 Ill. 2d 194 (1984)); (ii) defense counsel failed to object to the State's inaccurate statement during rebuttal argument that Scott waited three years to assert self-defense; and (iii) defense counsel failed to object to Scott's impeachment by Scott's prior aggravated unlawful use 1-13-1503 of a weapon (AUUW) conviction under a statute later ruled unconstitutional b

2015Scott contends that he was denied effective representation because: (i) defense counsel did not present Jermaine Cummings' robbery conviction as Lynch character evidence to support Scott's claim of self-defense (People v. Lynch, 104 Ill. 2d 194 (1984)); (ii) defense counsel failed to object to the State's inaccurate statement during rebuttal argument that Scott waited three years to assert self-defense; and (iii) defense counsel failed to object to Scott's impeachment by Scott's prior aggravated unlawful use 1-13-1503 of a weapon (AUUW) conviction under a statute later ruled unconstitutional b

2015Scott contends that he was denied effective representation because: (i) defense counsel did not present Jermaine Cummings' robbery conviction as Lynch character evidence to support Scott's claim of self-defense (People v. Lynch, 104 Ill. 2d 194 (1984)); (ii) defense counsel failed to object to the State's inaccurate statement during rebuttal argument that Scott waited three years to assert self-defense; and (iii) defense counsel failed to object to Scott's impeachment by Scott's prior aggravated unlawful use 1-13-1503 of a weapon (AUUW) conviction under a statute later ruled unconstitutional b

2015Scott contends that he was denied effective representation because: (i) defense counsel did not present Jermaine Cummings' robbery conviction as Lynch character evidence to support Scott's claim of self-defense (People v. Lynch, 104 Ill. 2d 194 (1984)); (ii) defense counsel failed to object to the State's inaccurate statement during rebuttal argument that Scott waited three years to assert self-defense; and (iii) defense counsel failed to object to Scott's impeachment by Scott's prior aggravated unlawful use 1-13-1503 of a weapon (AUUW) conviction under a statute later ruled unconstitutional b

2014The record shows that, after having conducted a hearing on Scott’s motion to vacate the temporary custody order, the court stated that it wanted to close the case that day and was going to conduct a “best interests hearing” because it was required to do so prior to closing the case by our supreme court’s holding in In re J.J., 142 Ill. 2d 1 (1991).

2014The record shows that, after having conducted a hearing on Scott’s motion to vacate the temporary custody order, the court stated that it wanted to close the case that day and was going to conduct a “best interests hearing” because it was required to do so prior to closing the case by our supreme court’s holding in In re J.J., 142 Ill. 2d 1 (1991).

2024In re Marriage of Bernay, 2017 IL App (2d) 160583, ¶ 14 . ¶ 21 In a bench trial or a hearing such as the lengthy multi-day proceedings on Scott’s motion, the trial court sits as the trier of fact, hearing the witnesses and reviewing the direct presentation of the evidence, and it is in the best position to make credibility determinations and factual findings.

2024Scott specifically argues that the trial court failed to recognize his rehabilitative potential, but “there is no indication in our constitution that the possibility of rehabilitating an offender was to be given greater weight and consideration than the seriousness of the offense in determining a proper penalty.” (Internal quotation marks omitted.) Hilliard, 2023 IL 128186, ¶ 40 (quoting People v. Coty, 2020 IL 123972, ¶ 24 ).

2023Further, “a trial court generally has broad discretion over the manner in which it conducts its hearings.” In re T.R., 2019 IL App (4th) 190529, ¶ 87 . ¶ 43 The circuit court repeatedly asserted that it “reviewed the court file,” “everything” from “all [of Scott’s] arguments,” and “examine[d] the factual basis” of Scott’s claim before concluding that he offered nothing not presented and argued before or at trial.

2023Hodges, 234 Ill. 2d at 9 . ¶8 Scott’s claim derives from the line of United States Supreme Court cases providing heightened protections for juveniles in sentencing under the eighth amendment.

2016The trial court had invited the State to take an adversarial role in the preliminary inquiry stage of Scott’s claim of ineffective assistance of trial counsel, a manner of proceeding that the Illinois Supreme Court rebuffed in People v. Jolly, 2014 IL 117142 . ¶2 BACKGROUND ¶3 The evidence at trial showed that Scott’s codefendant Theodore Smith ordered pizzas for delivery.

2014After a minor is placed in temporary custody, the court shall conduct an adjudicatory hearing to determine if the minor is abused or neglected. 705 ILCS 405/2-18 (West 2012); Arthur H., 212 Ill. 2d at 462 .

1992App. 3d 129 ; Deke v. Huenkemeier (1919), 289 Ill. 148 .) Thus, Scott’s claim depends entirely on whether the amendment created and conferred new substantive rights on adopted children because, absent such right, no new fact exists that changes the basis of his claim.

1985(People v. Precup (1978), 73 Ill. 2d 7 , 382 N.E.2d 227 .) The failure to include alleged errors in the post-trial motion constitutes a waiver of those issues on appeal given where objections were made at trial.

1985(People v. Precup (1978), 73 Ill. 2d 7 , 382 N.E.2d 227 .) The failure to include alleged errors in the post-trial motion constitutes a waiver of those issues on appeal given where objections were made at trial.