[Download] "People v. Starks" by Illinois Appellate Court — First District (2Nd Division) Reversed and Remanded # Book PDF Kindle ePub Free

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eBook details

• Title: People v. Starks
• Author : Illinois Appellate Court — First District (2Nd Division) Reversed and Remanded
• Release Date : January 28, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Defendant Kent Starks was convicted of murder and attempted armed robbery after a jury trial. Sentences of 40 years for murder and 10 years for attempted armed robbery were entered on the verdict. Defendant appeals, contending that he was denied a fair trial by virtue of: (1) the testimony of and prosecutorial comment concerning the deceased's survivors; (2) cross-examination and argument concerning a collateral act of misconduct by defendant; (3) the State's failure to complete an impeachment of defendant; (4) cross-examination on a hypothetical matter implicating defendant's fifth amendment rights; (5) the prosecutor's comments insinuating that the rules of evidence prevented him from presenting relevant evidence to the jury; (6) the prosecutor's comments that defendant and his witnesses were liars and that defense counsel was engaging in trickery and misrepresentation; (7) the prosecutor's comments which tended to denigrate the standard of proof; (8) the trial court's restriction of the testimony of a reputation witness; (9) ineffective assistance of counsel in that (a) counsel failed to obtain discovery of all witnesses to defendant's custodial statement and paved the way for the admission of the statement by calling defendant as a witness; (b) counsel failed to lay a foundation for impeachment of the State's pivotal witness; (c) counsel failed to list an alibi witness in discovery, and the witness was excluded; (d) counsel elicited testimony which indicated that several persons who did not testify had implicated defendant. Defendant also contends that his sentences were excessive. At about 10:30 p.m. on July 21, 1980, police officers Janis Lewis and Timothy Collins responded to a radio call concerning a shooting at 1215 North Parkside Avenue in Chicago. When they arrived at the scene, they found the body of John Lipinski lying on his back on the sidewalk. The officers found a gold chain and medallion around his neck, a gold watch around his wrist, and $132 in his pocket. The officers discovered a white towel with green stripes lying 10 to 20 feet south of the body. An autopsy revealed that the deceased was killed by a single bullet which entered at the left buttock, traversed the intestines and diaphragm, and perforated the heart.

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