(DOWNLOAD) "People v. Lovitz" by Illinois Appellate Court — Second District Judgment Affirmed * Book PDF Kindle ePub Free
eBook details
- Title: People v. Lovitz
- Author : Illinois Appellate Court — Second District Judgment Affirmed
- Release Date : January 07, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Rehearing denied October 15, 1984. Eugene Lovitz, the defendant, appeals from the denial of his post-conviction petition following an evidentiary hearing. Defendant's conviction and sentence for murder had been considered and affirmed by this court on direct appeal. (See People v. Lovitz (1976), 39 Ill. App.3d 624, appeal denied (1976), 64 Ill.2d 597, cert. denied (1977), 434 U.S. 842, 54 L.Ed.2d 107, 98 S.Ct. 141.) The defendant's post-conviction petition was denied without an evidentiary hearing, and we remanded with directions to conduct an evidentiary hearing, based on an affidavit that the State's firearms expert who testified at trial would, on the basis of additional information made available after the trial, have a different opinion as to whether the weapon could have discharged accidentally. (People v. Lovitz (1981), 101 Ill. App.3d 704.) We also remanded with directions to take evidence relating to the issue of incompetence of counsel, based on trial defense counsel's affidavit that he was unprepared for trial.
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