incompetency claim in Illinois

1995(People v. Stewart (1988), 123 Ill. 2d 368, 372 .) This court, however, has relaxed the waiver rule when the evidence forming the basis of an incompetency claim does not appear on the face of the record (People v. Owens (1989), 129 Ill. 2d 303, 308 ), when the defendant is represented by the same or related counsel on appeal (People v. Ruiz (1989), 132 Ill. 2d 1, 9-10 ), or when the alleged waiver stems from the incompetence of appointed counsel on appeal (People v. Barnard (1984), 104 Ill. 2d 218, 229 ).

1995In the report, Rea writes that Otero told him "the male Mexican with the gun had got out of the blue van which was double parked on North Noble,” and "there is no doubt in his mind that the white over tan van is a different van than the van from which the male Mexican with a gun had emerged.” Further, Rea reports Otero as saying "he could not identify which of the individuals depicted in the two photographs he had identified at the police station or which of the two individuals depicted in the photographs was the shooter.” We are authorized by People v. House, 141 Ill. 2d at 388-89 , to consid

1995(People v. Stewart (1988), 123 Ill. 2d 368, 372 .) This court, however, has relaxed the waiver rule when the evidence forming the basis of an incompetency claim does not appear on the face of the record (People v. Owens (1989), 129 Ill. 2d 303, 308 ), when the defendant is represented by the same or related counsel on appeal (People v. Ruiz (1989), 132 Ill. 2d 1, 9-10 ), or when the alleged waiver stems from the incompetence of appointed counsel on appeal (People v. Barnard (1984), 104 Ill. 2d 218, 229 ).

1995(People v. Stewart (1988), 123 Ill. 2d 368, 372 .) This court, however, has relaxed the waiver rule when the evidence forming the basis of an incompetency claim does not appear on the face of the record (People v. Owens (1989), 129 Ill. 2d 303, 308 ), when the defendant is represented by the same or related counsel on appeal (People v. Ruiz (1989), 132 Ill. 2d 1, 9-10 ), or when the alleged waiver stems from the incompetence of appointed counsel on appeal (People v. Barnard (1984), 104 Ill. 2d 218, 229 ).

1995(People v. Stewart (1988), 123 Ill. 2d 368, 372 .) This court, however, has relaxed the waiver rule when the evidence forming the basis of an incompetency claim does not appear on the face of the record (People v. Owens (1989), 129 Ill. 2d 303, 308 ), when the defendant is represented by the same or related counsel on appeal (People v. Ruiz (1989), 132 Ill. 2d 1, 9-10 ), or when the alleged waiver stems from the incompetence of appointed counsel on appeal (People v. Barnard (1984), 104 Ill. 2d 218, 229 ).

1990In addition, defendant has erroneously relied on People v. Baldwin (1989), 185 Ill.

1986(See, e.g., Fisher v. Burgiel (1943), 382 Ill. 42 , 46 N.E.2d 380 .) In an action to set aside a deed, it is proper to admit into evidence an order adjudging a person to be incompetent, notwithstanding the fact that the adjudication occurred after the execution of the deed.

1986(See, e.g., Fisher v. Burgiel (1943), 382 Ill. 42 , 46 N.E.2d 380 .) In an action to set aside a deed, it is proper to admit into evidence an order adjudging a person to be incompetent, notwithstanding the fact that the adjudication occurred after the execution of the deed.

1965(People v. Morris, 3 Ill.2d 437 .) As illustrations of the alleged incompetency of the defense counsel, the defendant says that his attorney was not prepared for trial, that he failed to subpoena witnesses, and that he failed to exclude defendant’s confession from evidence.