# People v. Harris

> Illinois Supreme Court · December 19, 2002 · 206 Ill. 2d 1

URL: https://www.frixlaw.com/law-library/cases/9861147

## Case

- **Full name:** The PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JAMES HARRIS, Appellant
- **Court:** Illinois Supreme Court
- **Decided:** December 19, 2002
- **Citations:** 206 Ill. 2d 1; 276 Ill. Dec. 419; 794 N.E.2d 314; 2002 Ill. LEXIS 1643
- **Precedential status:** Published
- **Opinion:** Concurring in part by Kilbride
- **Judges:** McMorrow, Rarick, Kilbride
- **Cited by:** 88 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/9861147

## How later opinions describe it (automated extraction)

- finding " [t]he facts relating to this claim do not appear on the face of the original appellate record, and res judicata and waiver therefore do not apply in this instance"
- finding “[t]he facts relating to this claim do not appear on the face of the original appellate record, and res judicata and waiver therefore do not apply in this instance”

## Opinion text

JUSTICE KILBRIDE, concurring in part and dis-
senting in part:
The majority correctly reverses in part the judgment of the circuit court and remands this cause for an evidentiary hearing on defendant’s Brady claims. Nevertheless, 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/9861147. Public record. Not legal advice.