DueProcess
Should a domestic violence victim be eligible for relief under 735 ILCS 5/2-1401 even if she agrees to a plea bargain?
QUESTION(S) PRESENTED ; 1, SHOULD THE PETITIONER BE ELIGIBLE FOR RELIEF SET FORTH IN . 735 ILCS 5/2£1401((B-5) 2016 REGARDING DOMESTIC VIOLENCE VICTIM EVEN IF SHE AGREES TO A FULLY NEGOTIATED PLEA. 2. SHOULD THE PETITIONER. BE GRANTEDRELIEF EVEN IF SHE DIDN'T RECEIVE THE "BENEFIT OF THE NEGOTIATED PLEA AGREEMENT? 3. SHOULD PETITIONER BE ALLOWED TO PRESENT SUFFICIENT EVIDENCE TO WITHDRAW GUILTY PLEA ON REMAND TO CHALLENGE HER SENTENCE FOR RESENTENCE FOR BEING A VICTIM OF DOMESTIC VIOLENCE? 4. WHETHER A DEFENDANT IS ELIGIBLE FOR RELIEF UNDER 18 U.S.C.S, , oo % 3582 (c) (2) THERE IS NO REASON IT SHOULD TURN ON THE ENAONY OF HER PLEA AGREEMENT?