[DOWNLOAD] "People v. Lieberman" by Sentence Vacated and Cause Remanded Illinois Appellate Court — First District (2Nd Division) Judgment Affirmed # eBook PDF Kindle ePub Free

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eBook details

• Title: People v. Lieberman
• Author : Sentence Vacated and Cause Remanded Illinois Appellate Court — First District (2Nd Division) Judgment Affirmed
• Release Date : January 29, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Defendant, Brad Lieberman, was found guilty by a jury of the offense of rape and was sentenced to an extended term of 50 years imprisonment. Defendant raises as issues on appeal whether: he was denied due process by the State's inquiry into and comment upon his post-arrest failure to disclose his alibi; he was denied a fair trial by certain evidentiary rulings of the trial court; the trial court's response to an emotional outburst by a prosecution witness was prejudicial; the substitution of an alternate juror for a juror on the final day of trial was error; the State's closing argument denied him a fair trial; he was proved guilty of rape beyond a reasonable doubt; and the 50-year extended term imposed upon him was proper. The victim testified to the following facts. On December 17, 1979, at about 11:30 a.m., as she was checking her lobby mailbox, a man, 6' 2'' tall, 210 pounds, light brown hair and wearing a maroon windbreaker with the name Wilson written across the chest, blue jeans and a blue T-shirt, approached her. She identified him as defendant. He flashed a badge inside a wallet, said he was a policeman and a part-time plumber employed by her building, and told her that there was a leak in her apartment he needed to get to. They both went upstairs to her apartment where the victim told him about some of the plumbing problems she had been experiencing. While defendant toured the apartment looking for leaks she observed his face. Defendant went into her bedroom, looked in the closet and told her that the closet would have to be emptied so he could get to the leak. She answered the telephone and told the caller, her roommate, Maria Hemzo, that there was a plumber in the apartment and she would call back. Defendant told her that he had to find his crew and left. He returned 3 minutes later and said that they would have to empty out the closet.

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