[DOWNLOAD] "People v. Kindelan" by Illinois Appellate Court ? First District (1St Division) Affirmed in Part and Remanded # eBook PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: People v. Kindelan
• Author : Illinois Appellate Court ? First District (1St Division) Affirmed in Part and Remanded
• Release Date : January 22, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Following a jury trial, defendant, Alberto Kindelan, was convicted of the offense of murder (Ill. Rev. Stat. 1985, ch. 38, par. 9-1(a)(2)) and sentenced to a term of 40 years in the Illinois Department of Corrections. On appeal, defendant contends that: (1) the trial court erred in refusing to ask prospective jurors whether they could accept the legal theory of self-defense; (2) the trial court gave an improper issues instruction with respect to the offense of murder; (3) the sentence imposed is arbitrarily excessive and fails to reflect adequate consideration of defendant's rehabilitative potential; and (4) the State's discriminatory use of peremptory challenges violated defendant's constitutional rights. For the following reasons, we affirm in part and remand for an evidentiary hearing on the issue of the State's use of peremptory challenges. The record sets forth the following facts pertinent to this appeal. Defendant, a dark-skinned Cuban, was charged with the fatal stabbing of Valerino Guillen on the evening of July 2, 1983, in front of the Guillen home in Chicago. On the night of the incident, approximately 8:15 p.m., Juan and Juanita Guillen, brother and sister, were sitting on their front porch with two friends when they saw approximately seven teenagers talking and leaning on the next-door neighbor's fence. The neighbor, Norma Quintana, asked the teenagers not to lean on the fence because they were bending it. PoPo Ramos, one of the teenagers, shouted profanities at Norma and refused to leave. At that point, Juanita also asked them to leave. PoPo again shouted profanities and told Juanita to mind her own business. When Juan warned PoPo not to talk to his sister that way, PoPo dared Juan to come outside the fence and fight. Juan accepted the dare, and the two fought for several minutes in the street. No weapons were used, and testimony indicates that Juan was the apparent ""winner"" of the fight. PoPo then left with a friend, warning Juan that they would be back with guns.

PDF Books Download "People v. Kindelan" Online ePub Kindle