Opinion

People v. Kaczmarek

  • 207 Ill. 2d 288
  • 278 Ill. Dec. 329
  • 798 N.E.2d 713
  • 2003 Ill. LEXIS 1426
Court
Illinois Supreme Court
Filed
Oct 2, 2003
Status
Published
Author
Kilbride
On the bench
Rarick, Kilbride
Cited by
53 cases
Authority
More cited than 12.0%

stating that a respondent will not be bound by his attorney’s actions when he clearly and convincingly attempted to assert his right to discharge his attorney and proceed to an immediate trial

How later courts described this case

  • stating that a respondent will not be bound by his attorney’s actions when he clearly and convincingly attempted to assert his right to discharge his attorney and proceed to an immediate trial
  • “A delay is considered to have been occasioned by the defendant when the defendant’s acts caused or contributed to the delay”
  • supreme court held that overwhelming evidence found in record that the defendant committed the murder in brutal and heinous manner showed that he could not demonstrate prejudice for purposes of plain error analysis
  • using plain error analysis and upholding extended-term sentence

Written by the judges who cited it.

The opinion

JUSTICE KILBRIDE, specially concurring:

Today’s decision follows People v. Swift, 202 Ill. 2d 378 (2002), People v. Thurow, 203 Ill. 2d 352 (2003), and People v. Crespo, 203 Ill. 2d 335 (2001). I dissented from the majority in Thurow and Crespo because I believed, and continue to believe, that an Apprendi violation can never be subject to a harmless error review. Nonetheless, having voiced my disagreement previously, I reluctantly concur in today’s opinion only because the doctrine of stare decisis requires that we adhere to established precedent, even if certain members of the court disagree. People v. Mitchell, 189 Ill. 2d 312, 338 (2000).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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