{ "id": 2897125, "name": "The People of the State of Illinois, Appellee, vs. Percy Nelson, Appellant", "name_abbreviation": "People v. Nelson", "decision_date": "1970-03-24", "docket_number": "No. 41339", "first_page": "1", "last_page": "3", "citations": [ { "type": "official", "cite": "45 Ill. 2d 1" } ], "court": { "name_abbreviation": "Ill.", "id": 8772, "name": "Illinois Supreme Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "410 Ill. 410", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5311612 ], "opinion_index": 0, "case_paths": [ "/ill/410/0410-01" ] }, { "cite": "33 Ill. 2d 48", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2884726 ], "opinion_index": 0, "case_paths": [ "/ill-2d/33/0048-01" ] } ], "analysis": { "cardinality": 324, "char_count": 4086, "ocr_confidence": 0.8, "pagerank": { "raw": 5.527646540942415e-08, "percentile": 0.34661094141009763 }, "sha256": "35cc0a67100a123e5f2380c76cf28e112ad1545af2f8152373c92d44b48daeea", "simhash": "1:740b088555de39a1", "word_count": 658 }, "last_updated": "2023-07-14T22:46:26.452896+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "The People of the State of Illinois, Appellee, vs. Percy Nelson, Appellant." ], "opinions": [ { "text": "Mr. Justice Crebs\ndelivered the opinion of the court:\nDefendant, Percy Nelson, was indicted for the crime of murder, found guilty by the court sitting without a jury, and was sentenced to a term of 50 to 80 years in the penitentiary. An appeal was taken from the conviction to our court and we affirmed the action of the trial court. (People v. Nelson, 33 Ill. 2d 48.) On November 3, 1966, defendant filed a pro se petition seeking relief under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1965, ch. 38, par. 122 \u2014 1 et seq.), which was dismissed without a hearing.\nDefendant was indicted and tried along with Harold Newell who testified at trial that he and the murder victim, O\u2019Connor, stopped at Newell\u2019s house where defendant was waiting; that upon arriving he got out of the car and defendant got in and forced the victim to drive away.\nUpon cross-examination by defendant\u2019s attornej'-, Newell admitted that he had discussed killing O\u2019Connor with two of his friends. He also contradicted prior statements he had given to the police. Following this testimony, the court adjourned.\nDefendant maintains that when the court convened the proceedings began with an alleged conference in the j udge\u2019s chambers with Newell, his wife, the prosecutor and the judge present; that neither petitioner nor his attorney was permitted access to this conference; and that at its conclusion Newell was recalled to the stand and testified to facts substantially different from those related in his preconference testimony. As support for petitioner\u2019s claim that such conference occurred, his petition sets forth a conversation allegedly had between petitioner and his trial counsel at the time the conference is claimed to have been in progress. That conversation is allegedly as follows:\n\u201cPetitioner\u2019s Trial Counsel: Well, how do you feel today ?\nPetitioner: ! feel pretty good.\nPetitioner\u2019s Trial Counsel : They\u2019ve got Harold \u25a0 Newell closeted in the Judge\u2019s Chambers with his wife and the Prosecutor. I think something\u2019s going on back there. They won\u2019t let me in.\nPetitioner : Maybe they\u2019ll let me in; ask them.\nPetitioner\u2019s Trial Counsel: No, you can\u2019t go in; they are up to something.\u201d\nThere is no supporting documentation other than defendant\u2019s own affidavit. Ordinarily this would not be sufficient to require an evidentiary hearing. In reviewing the entire record in this case, we find that in the argument on the motion to dismiss, defendant\u2019s appointed counsel did not even call this matter to the court\u2019s attention.\nDefendant\u2019s allegation of a private investigation occurring during an out-of-court conference is a serious one. If true,-his constitutional guarantee of due process of law -was violated. People v. Rivers, 410 Ill. 410.\nFor this reason we remand this case for appointed counsel for defendant to attach affidavits in support of this allegation if such are obtainable. If sufficient supporting docu- ' mentation is obtained, an evidentiary hearing should be held. If such claims cannot be supported, counsel can report to the court concerning what steps have been taken. Under such circumstances a record on which to base findings would be presented to this court. On the present record we can only speculate as to whether the lack of documentation was due to negligence of \"appointed counsel or to such documentation being unavailable.\nSince the trial judge may be called as a witness if an evidentiary hearing is held, on remandment the cause should be assigned to another judge.\nReversed and remanded, with directions.\nMr. Justice Ward took no part in the consideration or decision of this case.", "type": "majority", "author": "Mr. Justice Crebs" } ], "attorneys": [ "Thomas J. McGrath, of Homewood, appointed by the court, for appellant.", "William J. Scott, Attorney General, of Springfield, and Edward V. Hanrahan, State\u2019s Attorney, of Chicago, (James B, Zagel, Assistant Attorney General, and Elmer C. Kissane and Patrick T. Driscoll, Jr., Assistant State\u2019s Attorneys, of counsel,) for the People." ], "corrections": "", "head_matter": "(No. 41339.\nThe People of the State of Illinois, Appellee, vs. Percy Nelson, Appellant.\nOpinion filed March 24, 1970.\nWard, J., took no part.\nThomas J. McGrath, of Homewood, appointed by the court, for appellant.\nWilliam J. Scott, Attorney General, of Springfield, and Edward V. Hanrahan, State\u2019s Attorney, of Chicago, (James B, Zagel, Assistant Attorney General, and Elmer C. Kissane and Patrick T. Driscoll, Jr., Assistant State\u2019s Attorneys, of counsel,) for the People." }, "file_name": "0001-01", "first_page_order": 11, "last_page_order": 13 }