[Download] "People v. Ballinger" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: People v. Ballinger
- Author : Supreme Court of Illinois
- Release Date : January 26, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Petitioner, Jesse Ballinger, appeals from the judgment of the circuit court of Cook County dismissing without an evidentiary hearing his petition seeking relief under the Post-Conviction Hearing Act. (Ill. Rev. Stat. 1971, ch. 38, par. 122-1 et seq.) Petitioner, in a bench trial, was convicted of murder and this court affirmed the judgment. (People v. Ballinger, 36 Ill.2d 620.) His post-conviction petition was filed pro se and the Public Defender was appointed to represent him. The transcript of the proceedings during the argument of the People's motion to dismiss the petition reflects that at that time the assistant Public Defender stated to the circuit court, *** I talked to the plaintiff, read his transcript, read the coroner's inquest, I'll stand on the petition. Petitioner, citing People v. Slaughter, 39 Ill.2d 278, contends that he was denied adequate representation in the post-conviction proceeding due to the failure of court appointed counsel to amend an obviously deficient and inadequate pro se petition. The pro se petition alleged violations of statutory provisions rendering the indictment invalid, but none of these raises constitutional issues cognizable in a post-conviction proceeding. (People v. French, 46 Ill.2d 104.) Further, all of the matters alleged could have been raised in the direct appeal and, since they were not, are waived. Under the circumstances the record reflects no violation of the Slaughter standards which requires reversal.