PEOPLE v. JOSEPH

No. 61826.

113 Ill.2d 36 (1986)

495 N.E.2d 501

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JOHN MICHAEL JOSEPH, Appellant.

Supreme Court of Illinois.

Opinion filed June 20, 1986.


Attorney(s) appearing for the Case

Robert Agostinelli, Deputy Defender, and Thomas A. Lilien, Assistant Defender, of the Office of the State Appellate Defender, of Ottawa, for appellant.

Raymond Kimbell III, State's Attorney, of Galesburg (John X. Breslin, of the State's Attorneys Appellate Service Commission, of Ottawa, of counsel, and Gerald P. Ursini, law clerk), for the People.


Order affirmed.

JUSTICE RYAN delivered the opinion of the court:

The defendant, John Michael Joseph, asks this court to determine whether the circuit court of Knox County erred in ruling that section 122-8 of the Post-Conviction Hearing Act (Ill. Rev. Stat., 1984 Supp., ch. 38, par. 122-1 et seq.) violates the separation-of-powers clause of the 1970 Constitution (Ill. Const. 1970, art. II, sec. 1). The statute requires that all post-conviction proceedings...

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