Error on post-remand procedure

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted August 9, 2021 11:12 AM

Cook County prosecutors just proved the continuing validity of the Illinois Supreme Court’s decades-old observation that the rules for post-remand appellate procedure are “murky.” People v. Garrett, 139 Ill. 2d 189 (1990). They mistakenly thought a second notice of appeal wasn’t required in a murder case when a judge ruled for Robert Hill after an evidentiary hearing mandated by the Illinois Appellate Court. That filing failure doomed the state’s post-remand appeal.Convicted of murder, Hill scored a remand on one issue …

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