PEOPLE v. GARCIA

No. 1-08-2841.

939 N.E.2d 972 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Daniel GARCIA, Defendant-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

November 5, 2010.


Attorney(s) appearing for the Case

Anita Alvarez , State's Attorney, County of Cook, Chicago ( Alan Spellberg , Mary Needham , William L. Toffenetti , of counsel), for Plaintiff-Appellee-People of the State of Illinois.

Michael J. Pelletier , State Appellate Defender, Alan D. Goldberg , Deputy Defender, Caroline E. Bourland , Assistant Appellate Defender, for Petitioner-Appellant.


Justice TOOMIN delivered the opinion of the court:

In the present appeal, we consider a postconviction claim premised, in part, on the findings of an allegedly discredited serologist. During the course of second-stage proceedings, the State's motion to dismiss was granted. Defendant appeals contending: (1) an evidentiary hearing is required to assess his claims regarding the testing of physical evidence, ineffectiveness...

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