No. 19-8379

Herbert Burgess v. Illinois

Lower Court: Illinois
Docketed: 2020-04-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-rights criminal-procedure due-process evidence-exclusion fair-trial judicial-bias judicial-misconduct prosecutorial-misconduct trial-bias witness-credibility
Latest Conference: 2020-06-04
Question Presented (from Petition)

I. WHETHER THE TRIAL COURT DENIED HERBERT BURGESS HIS CONSTITUTIONAL RIGHT TO PRESENT A COMPLETE DEFENSE. TRIAL IN VIOLATION OF ILLINOIS SUPREME COURT RULE 295, NOTE 9.

II. WHETHER THE TRIAL COURT'S REPEATED DISPLAYS OF BIAS, HOSTILITY, ANIMOSITY, ILL WILL TOWARD HERBERT BURGESS VIOLATED THE STANDARD FOR PREJUDICE AND BIAS.

I. WHETHER THE TRIAL COURT'S ABSENCE FROM THE COURTROOM WHILE THE JURY WAS STILL IMPANELED AND THE COURT WAS IN SESSION, WAS A STRUCTURAL ERROR THAT CANNOT BE HARMLESS.

I. WHETHER HERBERT BURGESS WAS DENIED A FAIR TRIAL DUE TO A PERVASIVE PATTERN OF PROSECUTORIAL MISCONDUCT.

REHABILITATE THE CREDIBILITY OF TWO CRUCIAL WITNESSES WITH PRIOR CONSISTENT STATEMENTS WHEN THERE WAS NO CHARGE OF RECENT FABRICATION.

WHERE THE COURT CONSIDERED AN AGGRAVATING FACTOR THAT WAS DIRECTLY CONTRADICTED BY THE EVIDENCE.

Question Presented (AI Summary)

Whether the trial court's repeated displays of bias, hostility, and animosity toward Herbert Burgess violated the standard for prejudice and bias

Docket Entries

2020-06-08
Petition DENIED.
2020-05-20
DISTRIBUTED for Conference of 6/4/2020.
2020-05-13
Waiver of right of respondent Illinois to respond filed.
2020-04-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 1, 2020)

Attorneys

Herbert Burgess
Herbert Burgess — Petitioner
Illinois
Michael Marc Glick — Respondent