# People v. Pulliam

> Illinois Supreme Court · October 18, 2002 · 206 Ill. 2d 218

URL: https://www.frixlaw.com/law-library/cases/9720742

## Case

- **Full name:** The PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. LATASHA PULLIAM, Appellant
- **Court:** Illinois Supreme Court
- **Decided:** October 18, 2002
- **Citations:** 206 Ill. 2d 218; 276 Ill. Dec. 319; 794 N.E.2d 214; 2002 Ill. LEXIS 947
- **Precedential status:** Published
- **Opinion:** Concurring in part by Kilbride
- **Judges:** Thomas, Rarick, Kilbride
- **Cited by:** 26 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9720742

## Opinion text

JUSTICE KILBRIDE, concurring in part and dissenting in part:
The majority correctly reverses in part the judgment of the circuit court and remands this cause for an evidentiary hearing in light of the United States Supreme Court decision in Atkins v. Virginia, 536 U.S. 304 , 153 L. Ed. 2d 335 , 122 S. Ct. 2242 (2002). Nonetheless, for the reasons set forth in my dissents in People v. Hickey, 204 Ill. 2d 585, 636-40 (2001) (Kilbride, J., dissenting), and People v. Simpson, 204 Ill. 2d 536, 581-85 (2001) (Kilbride, J., dissenting), I believe that the majority fails to grant defendant the constitutionally required relief of a new trial conducted in accordance with the new supreme court rules governing capital cases. The procedures in capital cases prior to this court’s adoption of the new rules were inherently unreliable and did not adequately protect a defendant’s constitutional rights. Consequently, since the new rules were promulgated to address the deficiencies of constitutional dimension that regularly occurred under the old system, the rules must be applied retroactively to all capital cases. See People v. Caballero, 179 Ill. 2d 205, 220-21 (1997).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9720742. Public record. Not legal advice.