Tag Archives: appellate

No new trial for Sheley: Appellate court says judge’s nap doesn’t warrant relitigation

Nicholas Sheley looks around the courtroom during opening arguments May 19, 2014, at the Rock Island County Justice Center. An Illinois appeals court has ruled that the judge falling asleep during one of Sheley’s murder trials doesn’t warrant a retrial, saying Judge Jeffrey O’Connor’s nap was harmless as long as he wasn’t sleeping during crucial evidence or motions.
Judge Jeffrey O’Connor listens to prosecutor Bill Elward in May 2014 during Nicholas Sheley’s trial in Rock Island. An Illinois appeals court ruled that the former Whiteside County judge falling asleep during one of Sheley’s murder trials doesn’t warrant a retrial, saying the nap was harmless as long as he wasn’t sleeping during crucial evidence or motions.
Convicted murderer Nick Sheley enters the Jefferson County Courthouse in Hillsboro, Missouri, for his hearing Oct. 4 afternoon.

OTTAWA — An Illinois appeals court has ruled

Read more at: http://www.saukvalley.com/2017/11/09/no-new-trial-for-sheley-appellate-court-says-judges-nap-doesnt-warrant-relitigation/as37bri/

Appellate court upholds Sheley conviction in Rock Falls – Galesburg Register

GALESBURG — An appellate court upheld the convictions of spree killer Nicholas T. Sheley in his Rock Falls case in an opinion issued late last week.

In a 2-1 decision, the Third District Court of Appeals in Ottawa upheld Sheley’s conviction on four counts of first-degree murder that led to four life sentences. That Whiteside County case involved the June 2008 killings in Rock Falls of Brock Branson, 29; Kilynna Blake, 20, and her son, Dayan, 2; and Kenneth Ulve, 25.

The issue brought up on appeal was that Circuit Judge Jeffrey O’Connor fell asleep while a videotape was played during the 2014 jury trial. That occurred while then-Galesburg Police Officer Bradley Cirmotich testified to security camera footage that showed Sheley in Galesburg on June 28, which is when Sheley murdered Ronald Randall in Galesburg.

After the video ended, defense attorney

Read more at: http://www.galesburg.com/news/20171102/appellate-court-upholds-sheley-conviction-in-rock-falls

Appellate panel backs barring Orange County DA from penalty trial …



SANTA ANA An appellate panel Tuesday upheld a Superior Court judge’s recusal of the Orange County District Attorney’s Office from prosecuting the penalty trial of Scott Evans Dekraai, the worst mass killer in the county’s history.

The three-justice panel of the Fourth District Court of Appeal backed Orange County Superior Court Judge Thomas Goethals, who found that the D.A.’s office could not ensure that Dekraai received a fair shake in the penalty phase of his death penalty trial because of loyalty to the Orange County Sheriff’s Department, which Goethals mainly faulted for issues with the handling of jailhouse informants.