{
  "id": 5390131,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. PEARLIE HINES, Appellant",
  "name_abbreviation": "People v. Hines",
  "decision_date": "1972-03-30",
  "docket_number": "No. 40566",
  "first_page": "101",
  "last_page": "102",
  "citations": [
    {
      "type": "official",
      "cite": "51 Ill. 2d 101"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "31 L. Ed. 2d 202",
      "category": "reporters:federal",
      "reporter": "L. Ed. 2d",
      "case_ids": [
        11722188
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/us/405/0278-01"
      ]
    },
    {
      "cite": "46 Ill.2d 200",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        2898533
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/46/0200-01"
      ]
    },
    {
      "cite": "399 U.S. 1",
      "category": "reporters:federal",
      "reporter": "U.S.",
      "case_ids": [
        6167869
      ],
      "weight": 3,
      "opinion_index": 0,
      "case_paths": [
        "/us/399/0001-01"
      ]
    },
    {
      "cite": "46 Ill.2d 554",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        2900728
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/46/0554-01"
      ]
    },
    {
      "cite": "37 Ill.2d 457",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        2863543
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/37/0457-01"
      ]
    },
    {
      "cite": "39 Ill.2d 73",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        2856928
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/39/0073-01"
      ]
    },
    {
      "cite": "46 Ill.2d 569",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        2898106
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/46/0569-01"
      ]
    },
    {
      "cite": "30 Ill.2d 152",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        2828294
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/30/0152-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 241,
    "char_count": 2874,
    "ocr_confidence": 0.825,
    "pagerank": {
      "raw": 4.7817273071113374e-08,
      "percentile": 0.30016305969961954
    },
    "sha256": "ca6bc41494a74bfa57b17e87c25e006bc4fe6b2d98007c1d29300f550b1585a7",
    "simhash": "1:4c322f4e901e8058",
    "word_count": 474
  },
  "last_updated": "2023-07-14T18:22:45.232872+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. PEARLIE HINES, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Chief Justice Underwood\ndelivered the opinion of the court:\nFollowing a jury trial in the circuit court of Cook County, defendant, Pearlie Hines, was convicted of the sale and dispensing of narcotics and sentenced to a term of not less than ten years nor more than life imprisonment in the penitentiary. This judgment was affirmed on direct appeal to this court. (People v. Hines, 30 Ill.2d 152.) Defendant\u2019s post-conviction petition, filed under the terms of the Post-Conviction Hearing Act (Ill. Rev. Stat. 1967, ch. 38, par. 122 \u2014 1 et seq.), was dismissed by order of the circuit court of Cook County without an evidentiary hearing. It is from that dismissal that this appeal comes. The facts are set out fully in our previous disposition of this case on direct appeal and are not in dispute here.\nDefendant\u2019s first contention that he was denied a fair trial by virtue of the prosecutor\u2019s inflammatory argument to the jury was earlier raised and decided against defendant on direct appeal (30 Ill.2d 152), and further review is barred by res judicata. (People v. Beckham, 46 Ill.2d 569; People v. Kamsler, 39 Ill.2d 73; People v. Armes, 37 Ill.2d 457.) In addition, we have previously determined that the argument in question did not require reversal of the conviction of Hines\u2019s co-defendant, John Davis. See People v. Davis, 46 Ill.2d 554.\nDefendant also contends that since he was not afforded counsel at the preliminary hearing, he was denied his constitutional right to counsel. The United States Supreme Court in 1970 held that the preliminary hearing proceeding in Alabama was a \u201ccritical stage\u201d requiring the presence of counsel (Coleman v. Alabama, 399 U.S. 1, 26 L. Ed. 2d 387, 90 S. Ct. 1999), and in People v. Adams, 46 Ill.2d 200, we found Coleman applicable to Illinois preliminary hearings conducted pursuant to section 109- \u2014 3 of the Code of Criminal Procedure. (Ill. Rev. Stat. 1969, ch. 38, par. 109 \u20143.) We concluded in Adams, however, that Coleman should not be given retroactive application and thus counsel was not required at the September 14, 1961, hearing in this case.\nCertiorari was granted by the Supreme Court in Adams for the sole purpose of considering the retroactivity of Coleman, and that court has very recently affirmed our judgment. Adams v. Illinois,\u2014U.S.\u2014, 31 L. Ed. 2d 202, 92 S. Ct. 916.\nThe judgment of the circuit court of Cook County is accordingly affirmed.\nJudgment affirmed.",
        "type": "majority",
        "author": "Mr. Chief Justice Underwood"
      }
    ],
    "attorneys": [
      "THOMAS J. BOODELL, JR., of Chicago, 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 ROBERT A. NOVELEE and GEORGE ELSENER, Assistant State\u2019s Attorneys, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "(No. 40566.\nTHE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. PEARLIE HINES, Appellant.\nOpinion filed March 30, 1972.\nTHOMAS J. BOODELL, JR., of Chicago, 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 ROBERT A. NOVELEE and GEORGE ELSENER, Assistant State\u2019s Attorneys, of counsel), for the People."
  },
  "file_name": "0101-01",
  "first_page_order": 111,
  "last_page_order": 112
}