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1.5 After the Hearing on the Plea Withdrawal, the Court Began A
Secreted, Ex Parte Investigation |
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1.6 [CLIENT'S COUNSEL] Next Appeared Before the Court With [CLIENT], Expecting a a Ruling On His Motion |
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1.7 [CLIENT'S COUNSEL] Was Held In Contempt |
1.8 [CLIENT'S COUNSEL] Had No Opportunity
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For
A Hearing On His Contempt and Was Not Afforded
and the Contempt Finding Was Otherwise Devoid of
Protections Afforded by the Local Rules, the State Statutes
and both the State and Federal Constitutions |
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2. The Legal Issues
2.1 Sources of Applicable Legal Standards in General in Contempt
Adjudications
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2.1.1 Overview of these General Legal Standards |
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2.1.2 The Local Rule Controlling Contempt Adjudications |
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2.2 Contempt Adjudication Issues Relevant to this Case |
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2.2.1 The Indirect, Direct and Summary Contempt Issue |
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2.2.1.1 Rule of Practice 13.01 |
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2.2.1.2 Illinois Law |
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2.2.1.3 The U. S. Constitution |
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2.2.1.4 The Prosecution Should Admit or Deny the |
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Following |
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2.2.2 The Absence of Notice Issue |
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2.2.2.1 Rule of Practice 13.00 |
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2.2.2.2 Illinois Law |
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2.2.2.3 The U. S. Constitution |
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2.2.2.4 The Prosecution Should Admit or Deny |
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2.2.3 The Hearing Issue |
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2.2.3.1 Rule of Practice 13.01 |
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2.2.3.2 Illinois Law |
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2.2.3.3 The U. S. Constitution |
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2.2.4 The Issue of a Jury Trial |
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2.2.4.1 Rule of Practice |
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2.2.4.2 The U. S. Constitution |
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2.2.4.3 The Prosecution Should Admit or Deny. |
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2.2.5 The Excessive, Unjustified and Unauthorized Punishment |
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Issue |
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2.2.6 The Selective Prosecution, Yick Wo v. Hopkins, Issue |
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2.2.7 A Constitutional, Statutory and Commonsensical Analysis of the Alleged Contemptuous Act. |
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2.2.8 The Independent Adjudicator and Judicial Misconduct Issue |
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2.2.8.1 The Ex Parte Hearing Reason for Another Judge |
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2.2.8.2 The Bias or Prejudice Reason for Another Judge |
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2.2.8.3 The Rule of Practice 13.01(c)(4) Reason for Another |
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Judge |
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2.2.9 The Prosecutorial Misconduct Issue |
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2.3 The Duty and Obligation to Disclosure |
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2.3.1 The Constitutional Duty to Disclose |
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2.3.2 Statutory Duty to Disclose |
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2.3.3 Ethical and Expediency Reasons to Disclose |
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2.4 The Timely Need for and Use of the Disclosure Materials |
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2.4.1 Pre-briefing Disclosure Is Necessary |
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2.4.2 The Disclosure Material Could Be Used For |
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Impeachment |
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2.4.3 The Required Scope of Disclosure |
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2.4.3.1 Definitions and Directions |
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2.4.3.2 The Following Persons Have Information And |
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Therefore Are Covered By This Disclosure |
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Request |
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2.4.3.3 The Information that is Needed to be Disclosed |
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2.4.3.3.1 Materiality of Disclosure Demand |
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2.4.3.3.2 Disclosure Demand Relating to Possible Misconduct |
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2.4.3.4 The Method to be Used in Obtaining Disclosure from |
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Judge [Circuit Judge] |
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3. Conclusion
Prayer for Relief |