No. 19-7759

Lyarron T. Emers v. Illinois

Lower Court: Illinois
Docketed: 2020-02-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment aggravating-factor constitutional-rights due-process fifth-amendment pre-sentence-investigation right-to-remain-silent right-to-silence sentencing sentencing-discretion
Key Terms:
Immigration
Latest Conference: 2020-04-03
Question Presented (AI Summary)

Question not identified

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Is People v. Emers IL App (4th) 170254-0 farallel to People v. Maggio IL App (4th) . 150287? . . 2. How is it. not unconstitutional, if comments are made on a motion being heard by the trial judge on my sentencing date on April 5, 2017, prior to sentencing me to 18 years?. . . 3. If a defendant choses to exercise their rightcto remain silent during the presentence investigation; and the judge says "that cause I chose to enforce my 5th amendment right it shows my attitude and rehabilitative potential", how : . is not holding my liberty against me? ; 4. Is it not a violation to my 5th amendment right if the trial judge in the same day repeats the same comments she made during the motion hearing. minutes before she sentenced me to 18 years? 5. Is this a factor took into consideration to impose a sentence if the trial judge states "that she will consider in aggravation Emers decision: to remain silent when the probation officer tried to meet with him for the drafting of the PSI report"? : : 6. Is it a violation of my right to remain silent if the trail judge states, "It's a pre-sentence hearing, the officer was acting.as an agent of the. court in. obtaining that information, while Emers has the rightto refuse, he does so with no Quarantee that the court won't consider that"?. : 7. To what extent does People vs Ashford, 121 Ill. 2d 55, 80-81 (1988) prevents consideration of a defendant's lack of participation in the pre-sentence . . ; . ; ; 8. Is it the judge in a criminal prosectition to draw any adverse inference from a defendant's silence? : : 9. Is this not a constitutional violation of a defendant has the right to remain silent during the pre-sentence investigation, and invocation of the right is used as an aggravating factor at sentencing? . 10. Does it matter if the comments were made during a motion hearing heard on the same sentencing day and also repeated again right before the trial judge imposed the sentence? :

Docket Entries

2020-04-06
Petition DENIED.
2020-03-19
DISTRIBUTED for Conference of 4/3/2020.
2020-03-12
Waiver of right of respondent Illinois to respond filed.
2020-02-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2020)

Attorneys

Illinois
Michael Marc Glick — Respondent
Michael Marc Glick — Respondent
Lyarron T. Emers
Lyarron T. Emers — Petitioner
Lyarron T. Emers — Petitioner