The Illinois Supreme Court reversed a juvenile's 15-year old first and second degree murder convictions and remanded the case for a new trial in a unanimous opinion.

Springfield, IL (PRWEB) January 30, 2009 -- On January 20, 1994, sixteen-year-old Terrance Walker appeared in court for his double murder trial only to learn that his court appointed attorney failed to prepare to represent him. The trial judge, Judge Morrissey, refused counsel's repeated requests to continue the case, deeming counsel's lack of preparedness "irrelevant," and a "dirty shame." The trial that followed lasted less than half an hour. Defense counsel failed to present an opening statement, failed to raise a single objection, and asked only 16 questions on cross-examination. Defense counsel failed to move for a directed verdict, bolstered the prosecution's case by eliciting damaging evidence from a State's witness, and failed to ask for a ruling on a motion to suppress statements that was at the heart of the State's case. Judge Morrissey found Terrance guilty on one count of first degree and one count of second-degree murder, and sentenced the juvenile to 60 years in prison. Defense counsel failed to file a motion for a new trial, or a notice of appeal.

Twelve years later, attorney Robert M. Stephenson, of Oak Park, Illinois, learned of the case, and agreed to represent Terrance pro-bono. At the time, no court in Illinois had jurisdiction to hear substantive arguments concerning the convictions. Mr. Stephenson filed a Motion for Supervisory Order in the Illinois Supreme Court asking the court to remand the case to the circuit court for proper admonishments concerning the right to appeal, and to allow Terrance to file an appeal. The Illinois Supreme Court granted that order.

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