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PEOPLE v. ETHERLY

No. 1-01-4166.

801 N.E.2d 99 (2003)

344 Ill. App.3d 599

279 Ill.Dec. 807

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Aris ETHERLY, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied December 16, 2003.

Attorney(s) appearing for the Case

Michael J. Pelletier, Office of the State Appellate Defender, Chicago (Lisa E. Rousso, of counsel), for Appellant.

Richard A. Devine, Cook County State's Attorney, Chicago (Renee Goldfarb, James E. Fitzgerald and Mari R. Hatzenbuehler, of counsel), for Appellee.

Presiding Justice FROSSARD delivered the opinion of the court:

The issue in the instant case is whether the first-stage post-conviction petition can be dismissed based on res judicata, waiver, or procedural default under the terms of the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2000)). Defendant alleges in his pro se petition that he was deprived of a fair trial because prospective jurors were not questioned as to their...

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