Appellate court orders new trial for convicted killer
Judge erred by not permitting defendant to testify after resting
A trio of appellate court judges this week ordered a new trial for a Peoria man convicted two years ago of fatally shooting a pregnant woman in Harrison Homes. The panel, from the 3rd District Appellate Court in Ottawa, found then-Peoria County Circuit Judge James Shadid erred when he refused to allow Preston Marizetts, now 21, to testify at his trial after both sides had rested their cases.Source
The list of reversals - add Marizetts and Moore
I specifically recall the court decision where the Appellate Court said another local judge (Judge Frederickson) abused his discretion (People of the State of Illinois vs. Deonte Moore). Also named in the subtitle of the decision, was none other than Judge James Shadid.
At the time, an associate of mine was very concerned about the handling of Deonte' Moore and was wondering if in vetting Shadid, if he was asked how he could have sentenced a 13 year old child to 21 years in prison for a single armed robbery count. Judge Shadid would have certainly had the option at that time of overturning the juvenile court decision or refusing to apply the 21 year sentence for constitutional reasons, but he didn't.
Below is the list of the reversals from the Appellate Court that Judge Shadid submitted when he was being screened for the position of United States District Judge for the Central District of Illinois,"although there may be others" he was "unable to identify." The Deonte' Moore case is not listed.
37 comments:
People make mistakes. Judges are people to.
I agree with Al.
I agree with Al too. It's a good thing that Appellate Court is there for over sight when Judges err in these decisions that could mean life or death.
Being reversed by this Illinois appellate court should actually be a feather in his cap.
Emerge you are either uninformed or have a short memory but here is a little perspective for you:
Full link: http://www.pjstar.com/news/x1892559441/Supreme-Court-reinstates-full-term-for-Woodruff-shooter?zc_p=1
"His original sentence of 24 years was overturned because the appellate court thought Shadid focused too much on where the shooting took place. The court sent it back, and Shadid imposed the same sentence, saying Alexander fired in a crowd of people, meriting a stiff sentence.
The Supreme Court held Shadid's decision was acceptable under the law.
"Specifically, the court noted that five shots were fired into a crowd of people as retaliation for threats from the victim and with total disregard for the potential harm to others," the justices wrote.
It was not sure how the reinstatement of the sentence will play out as Alexander has since been arrested and charged in connection with three shootings within a week this summer. He is being held at the Peoria County Jail, awaiting trial on those cases.
Alexander had served slightly less than five years on the original sentence which would mean he would have about seven or eight years left depending upon how much "good-time" credit he would earn while in custody."
Of particular note is this paragraph:
"It was not sure how the reinstatement of the sentence will play out as Alexander has since been arrested and charged in connection with three shootings within a week this summer. He is being held at the Peoria County Jail, awaiting trial on those cases."
Aren't you the one that's perpetually bitching about all the violence on the South Side? What exactly would make you happy?
Actually...
You are "the one that's perpetually bitching about all the violence on the South Side."
Another empty headed robe at the podium, a robotic agent of the State, the Sea of corruption. The Official oath is meaningless, there are no acceptable excuses for the bla-tant immoral and unethical deeds metted from a Bench before the eyes of the Citizen. The bare root of this deception begins with the prosecution that relies on plea bargains, trial inept. Jury rials are rare, and 99% are rife with judicial and prosecutorial errors as ignorant juries think Courts are finders of truth. Shadid deceived many jurors, and they as well as every trusting taxpayer deserves a personal appology for his deeds, two years salary seems appropriate, eh?
Why do Americans award and reward blatant failure by those that abuse the very systems they create?
... and what would make me happy - a judge who will insure that the case is tried based upon the facts and subsequently administer the judgment pursuant to the law. A judge who can get it right without running the risk of dangerous people like Alexander getting out on a technicality.
My memory is just fine and the matter of that Supreme Court ruling is mentioned on the "list" above. The fact of the matter is, initially the case had to be scrutinized and reversed on the Appellate level before Shadid "perfected" it. In the meantime, Alexander who was out on a technicality, continued playing with guns on the streets of Peoria. Feather? I think not.
What is your memory on the rest of the cases? Any other so called "feathers," or just the Alexander fool?
Our system is not perfect but it's the best there is. Maybe you guys should consider a move to Iran, eh?
our system is far from great. locking people up for decades and throwing away the key does nothing for anyone. are the streets any safer? all it does is bankrupt the country .
Fine. Let them out. Let them all out. Wa-Hooooo!!!
He's a federal judge, not a magician. No matter how much agreement there is between courts, or how "perfect" our judiciary operates, inner city violence will not end until people like YOU place the blame on the shoulders squarely where it belongs - thugs living like pigs and raising more lawless thugs - all on the backs of taxpayers. Blog that.
It is common for there to be disagreements in judicial rulings. The Supreme Court, for example, is frequently divided. A Judges obligation is to make a ruling according to the facts before him, using his best judgement in applying laws to the case. His or her task is not and should not be to second guess what an appellate court may or may not do. Emerge using the appellate rulings as a means to impugn Shadid's qualifications is misguided at best.
Ummm... exactly where did Emerge impugn Shadid's qualifications. Are YOU implying that the Appellate rulings indicate that his qualifications can be impugned? If so, that's you - not me.
AND... getting a ruling right the first time, does not require one to second guess the Appellate Court.
"Getting a ruling right the first time".
LMAO!
Too Emerge you are a bad sister keep up the good work. Keep them in check Peoria isnt ready for you keep doing you my sister.
She'll never blog that. The blame is always on someone else.
"The blame is always on someone else."
just like you and your buddies constantly coming over here to try and lay some type of blame on me - I guess I'm your "someone else."
By the way, this will be the last time I respond to one of your ridiculous comments. I have never come to your blog and attacked what you think. If it continues, I am going to start to block your comments just like I do your friends.
I may give my view or my perspective - but do I ever come at you personally? I'm sick of your ridiculous bullshit. Emerge this, she'll that - YOU DON'T KNOW JACK ABOUT WHAT I REALLY THINK OR DO. Before Billy Dennis put up a pay wall you were over there harassing him. Grow up.
@ JNJ.. You didn't know I was a legal expert?
There is a lot you don't know about me.
You go girl!!!
Can someone make the claim that our current system of justice is nothing more than an expensive and innefective merry-go-round? Judgement is hardly just, the wealthy walk and the poor are caged like animals. As I'm typing this I see Jazzie bent over a chair in an Iranian hotel. She is a Jew.
Yeah... The Jazzie post is one of the most viewed since July 2011. She has held that position for almost a year, only to be surpassed by the Michelle Ungurait deposition.
"held that position" LOL
Don't wanna do da time don't do da crime.
To those that are familiar with it, the reputation of the Illinois 3rd Appellate Court is quite well known - and it is not a good reputation. Go ask any prosecutor or any local defense attorney.
For example, one murderer who left DNA on both the murder weapon and other items from the murder was completely released (and guess where to? Yes, Peoria) by this court.
It is a shame the Il Supreme Court will not hear more cases ruled by this appellate court. We are worse off because of this small group of people.
Do you think that the Illinois Supreme Court would be familiar with the "reputation" of the Illinois 3d Appellate Court?
Why won't they hear more cases ruled by this appellate court?
Boom.
All Randall needs to do is read Emerge's blog and his own. His own is all his own opinion, with people ballyhooing it.
This blog gives us the advantage of voicing our opinion, without Emerge sidestepping it or being dismissive of it.
And, she does her research. She opines on topics she knows something about, or learns something about.
I like that this blog is here. Yes, You go girl!!!
I believe within the local legal community it is believed the Il Supreme Court does recognize the "reputation" of the 3rd Appellate Ct and its many questionable decisions.
And if asked (I can only assume), the Il Supreme Court can only hear so many cases so there might be the necessity to only hear the most gregariously flawed rulings.
Frankly, I am not a big believer in the claim criminals have more rights than victims (I believe in the concept of it should be hard to take away a person's freedom in America), but look at this latest ruling: a conviction is overturned because a defendant wanted to testify AFTER each side had closed their portion of the case. How bizarre is that?
Gregariously? Did you mean egregiously?
Mary McDade is a real problem as a judge. Regardless Shadid has been kicked upstairs by Obama and Durbin to hear some drug and white collar cases mostly.
Sure did, thanks for the help....
Public hangings, whatever happened to those?
And not only that, look at who his victim was - an unarmed pregnant woman, shot dead. Whose rights are we concerned about here?
District 150 had 3 this year.
Shaded errs AGAIN!
http://www.pjstar.com/news/x1101047397/Appellate-judges-void-Peoria-murder-conviction
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