{
  "id": 2911108,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Appellee v. DUDLEY BANKS, Appellant",
  "name_abbreviation": "People v. Banks",
  "decision_date": "1971-09-30",
  "docket_number": "No. 43651",
  "first_page": "243",
  "last_page": "245",
  "citations": [
    {
      "type": "official",
      "cite": "49 Ill. 2d 243"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "simhash": "1:8f07bed33a9a8a1e",
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  "last_updated": "2023-07-14T21:33:39.989022+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Appellee v. DUDLEY BANKS, Appellant."
    ],
    "opinions": [
      {
        "text": "MR. JUSTICE SCHAEFER\ndelivered the opinion of the court:\nOn July 1, 1968, the defendant, Dudley R. Banks, pleaded guilty to a charge of aggravated battery in the circuit court of Lake County, and he was sentenced on August 16, 1968, to imprisonment for not less than three nor more than ten years. His amended post-conviction petition was denied on October 28, 1969, and he has appealed directly to this court.\nOn appeal the defendant contends: (1) that the court\u2019s refusal to order him brought from the penitentiary to testify at his post-conviction hearing violated his constitutional right to due process of law; (2) that the trial court abused its discretion by considering an inaccurate and prejudicial psychiatric report when imposing sentence, and (3) that the sentence was excessive.\nThe defendant\u2019s plea of guilty to the charge of aggravated battery was entered after a full admonition, and a charge of attempt to commit murder, growing out of the same occurrence, was nolle pressed. The defendant\u2019s post-conviction petition and his brief in this court are centered upon the report of a psychiatrist who examined him prior to the imposition of sentence. The \u201cfactual issue\u201d concerning which the defendant contends he should have been permitted to testify is whether or not he had seen the psychiatric report. The contention is without merit, for the record shows that at the time the defendant was sentenced, his attorney, in response to an inquiry by the court as to whether or not the attorneys in the case had had adequate time to go over the psychiatrist\u2019s report, replied, \u201cThe defendant has read the report and we have discussed it.\u201d\nIn his post-conviction petition the defendant alleged that the report of the psychiatrist was \u201csimply a way of getting back at the court *** for trying to shift the weight off their shoulders,\u201d and that the examining psychiatrist made the following statements to him: \u201cI know why the Judge sent you over here to see me. He thinks I will recommend that you be sent to the State Hospital at Elgin for treatment and then he won\u2019t have to bother with the case ***. I\u2019ll fix that. There isn\u2019t anything wrong with you that I can see, and I\u2019m going to put the responsibility right back on the Judge.\u201d Even if we assume the truth of these allegations, and that the statements were not made to test the defendant\u2019s response, there is no reason why the circumstances of which he now complains could not have been brought to the attention of the trial court before sentence was imposed.\nFinally, the defendant\u2019s final contention, that his sentence was excessive, is without merit.\nThe judgment of the circuit court of Lake County is affirmed.\nJudgment affirmed.",
        "type": "majority",
        "author": "MR. JUSTICE SCHAEFER"
      }
    ],
    "attorneys": [
      "WILLIAM G. ROSING, of Waukegan, for appellant.",
      "WILLIAM J. SCOTT, Attorney General, of Springfield, (THOMAS J. IMMEL and FRED G. LEACH, Assistant Attorneys General, of counsel,) for the People."
    ],
    "corrections": "",
    "head_matter": "(No. 43651\nTHE PEOPLE OF THE STATE OF ILLINOIS, Appellee v. DUDLEY BANKS, Appellant.\nOpinion filed September 30, 1971.\nWILLIAM G. ROSING, of Waukegan, for appellant.\nWILLIAM J. SCOTT, Attorney General, of Springfield, (THOMAS J. IMMEL and FRED G. LEACH, Assistant Attorneys General, of counsel,) for the People."
  },
  "file_name": "0243-01",
  "first_page_order": 255,
  "last_page_order": 257
}