Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In Re Peevy

OPINION FILED OCTOBER 25, 1976.

IN RE JAMES PEEVY, A MINOR. — (THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE,

v.

JAMES PEEVY, RESPONDENT-APPELLANT.)



APPEAL from the Circuit Court of Cook County; the Hon. AUBREY F. KAPLAN, Judge, presiding.

MR. JUSTICE BURKE DELIVERED THE OPINION OF THE COURT:

A petition for adjudication of wardship was filed on August 29, 1974, against the respondent minor, James Peevy. The petition charged that respondent had committed the offense of battery against his mother. On August 30, 1974, the Office of the Public Defender was appointed guardian ad litem at a detention hearing. On September 4, 1974, an adjudicatory hearing transpired wherein the respondent was found to be a delinquent on the basis of his admission that he had struck his mother. Respondent was committed to the Department of Corrections. The record does not reflect a separate adjudication that the respondent be made a ward of the court.

Respondent contends on appeal that: (1) the procedure employed by the court prior to the entry of admission was violative of due process; and (2) Supreme Court Rule 402 (Ill. Rev. Stat. 1973, ch. 110A, par. 402) is applicable to juvenile proceedings. The following colloquy occurred at the adjudicatory hearing:

"THE COURT: All right, James Peevy, Public Defender appointed, motion State. Have you talked with your client?

MR. MARDAR [Assistant Public Defender]: Yes, Judge, I have talked to James and at this time he knows his right to a trial on this matter. He does not want to go to trial.

THE COURT: Is that right James?

A. Yes, sir.

THE COURT: And how old are you?

A. Fifteen.

THE COURT: Do you go to school?

A. Yeah.

Q. What school?

A. Englewood.

THE COURT: What year are ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.