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People v. Coleman

The PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. ERNEST COLEMAN Et Al., Appellants

People v. Coleman, 288 N.E.2d 396 (Ill. 1972)
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Court
Illinois Supreme Court · State Highest Courts
Decided
October 2, 1972
Docket
Nos. 44170, 44623
Judges
William J. Scott
Citations
288 N.E.2d 39652 Ill. 2d 4701972 Ill. LEXIS 367
Cited by 7

Opinion — Goldenhersh

MR. JUSTICE GOLDENHERSH delivered the opinion of the court:

In a bench trial in the circuit court of Cook County, defendant Ernest Coleman was found guilty of the offense of unlawful use of a weapon and was sentenced to a term of one year in the Cook County jail. Defendant Patrick McWhorter pleaded guilty in the circuit court of Cook County to the offense of attempted theft by deception and was sentenced to a term of one year in the House of Correction. Each defendant has raised the issue of the failure of the trial court to advise him of his right to counsel. The appeals have been consolidated for argument and opinion.

Coleman was arrested on September 27, 1970, and brought before the court on September 28, 1970. He was not represented by counsel, nor did he request counsel. He was not advised of his right to counsel, nor did he waive that right. No effort was made to determine whether he could afford counsel. He was advised of his right to a jury trial, waived it and elected to proceed at that time.

McWhorter appeared before the court on June 29, 1971. He too was not represented by counsel, made no request for counsel, was not advised of any right to counsel and made no waiver of that right.

Our decision in People v. Morrissey (1972), 52 Ill.2d 418 , applying the holding in Argersinger v. Hamlin (1972), 407 U.S. 25 , 32 L.Ed.2d 530 , 92 S.Ct. 2006 , requires that the judgments be reversed and remanded for further proceedings as noted in Morrissey.

Reversed and remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

View all citing references →
1973: 11974: 31976: 11977: 219732026peak 1974 · 3

Relies on it most ⓘ

  1. People v. Baldasar367 N.E.2d 459 (Ill. App. Ct. 1977)
  2. People v. Scott369 N.E.2d 881 (Ill. 1977)
  3. People v. Scott343 N.E.2d 517 (Ill. App. Ct. 1976)
  4. People v. Brooks309 N.E.2d 42 (Ill. App. Ct. 1974)
  5. People v. Lyons311 N.E.2d 370 (Ill. App. Ct. 1974)
  6. People v. Bailey301 N.E.2d 481 (Ill. App. Ct. 1973)

Most recent

  1. People v. Scott369 N.E.2d 881 (Ill. 1977)
  2. People v. Baldasar367 N.E.2d 459 (Ill. App. Ct. 1977)
  3. People v. Scott343 N.E.2d 517 (Ill. App. Ct. 1976)
  4. People v. Heal313 N.E.2d 670 (Ill. App. Ct. 1974)
  5. People v. Lyons311 N.E.2d 370 (Ill. App. Ct. 1974)
  6. People v. Brooks309 N.E.2d 42 (Ill. App. Ct. 1974)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Argersinger v. Hamlin, 407 U.S. 25 (1972) 1,873
People v. Morrissey, 288 N.E.2d 397 (Ill. 1972) 22

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