{
  "id": 2632055,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Respondent-Appellee, v. J. W. TATUM, Petitioner-Appellant",
  "name_abbreviation": "People v. Tatum",
  "decision_date": "1976-03-10",
  "docket_number": "No. 60580",
  "first_page": "887",
  "last_page": "888",
  "citations": [
    {
      "type": "official",
      "cite": "36 Ill. App. 3d 887"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "211 N.E.2d 265",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "33 Ill. 2d 246",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        2886080
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/33/0246-01"
      ]
    }
  ],
  "analysis": {
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    "sha256": "7a20c404fdbe4debe5cafc64f7c8f861c1add51fff3d4dd952ceea89cdea1b19",
    "simhash": "1:02ac75d0437a1299",
    "word_count": 372
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  "last_updated": "2023-07-14T20:55:53.941211+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Respondent-Appellee, v. J. W. TATUM, Petitioner-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE ADESKO\ndelivered the opinion of the court:\nIn 1960, defendant, J. W. Tatum, was found guilty by a jury of the crime of rape and sentenced to 150 years in the Illinois State Penitentiary. The defendant filed a post-conviction petition in 1963, and counsel was appointed- pursuant to defendant\u2019s request. On motion of the State, the petition was dismissed. No appeal was taken.\nOn June 15, 1972, defendant filed a second petition for post-conviction relief. Counsel was again appointed, and a supplemental petition was filed. It alleged that the defendant\u2019s constitutional rights had been violated because the sentence constituted cruel and unusual punishment, the defendant was physically incapable of committing a rape, and the defendant was prejudiced by certain remarks made by the prosecuting attorney during closing argument. During the hearing on the State\u2019s motion to dismiss tire petition and supplemental petition, the defendant raised for the first time the following argument: The defendant was denied \u201cequal protection due to a racially motivated [excessive] sentence.\u201d On November 27, 1973, tire State\u2019s motion to dismiss the petition was allowed, and the defendant has appealed.\nA prior denial of a post-conviction petition is res judicata as to all claims raised therein and as to all constitutional claims which' could have been raised. (People v. Holland (1965), 33 Ill. 2d 246, 211 N.E.2d 265.) In accord with this rule is the statutory requirement which provides : \u201cAny claim of substantial denial of constitutional rights not raised in the original or an amended petition is waived.\u201d Ill. Rev. Stat. 1971, ch. 38, par. 122 \u2014 3.\nThis court has concluded that the Circuit Court of Cook County correctly allowed the motion to dismiss the petition and supplemental petition by application of res judicata and waiver principles. Hie order of dismissal is affirmed.\nOrder affirmed.\nJOHNSON, P. J., and DIERINGER, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE ADESKO"
      }
    ],
    "attorneys": [
      "James J. Doherty, Public Defender, of Chicago (Ronald P. Alwin, Assistant Public Defender, of counsel), for appellant.",
      "Bernard Carey, State\u2019s Attorney, of Chicago (Laurence J. Bolon, Michael E. Shabat, and David A. Novoselsky, Assistant State\u2019s Attorneys, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Respondent-Appellee, v. J. W. TATUM, Petitioner-Appellant.\nFirst District (4th Division)\nNo. 60580\nOpinion filed March 10, 1976.\nJames J. Doherty, Public Defender, of Chicago (Ronald P. Alwin, Assistant Public Defender, of counsel), for appellant.\nBernard Carey, State\u2019s Attorney, of Chicago (Laurence J. Bolon, Michael E. Shabat, and David A. Novoselsky, Assistant State\u2019s Attorneys, of counsel), for the People."
  },
  "file_name": "0887-01",
  "first_page_order": 913,
  "last_page_order": 914
}