Behind every successful musician is a skilled producer, and local hip-hop star Lupe Fiasco is no exception. But an Associated Press article republished by the Chicago Tribune indicated it will be a long time before Mr. Fiasco's producer and mentor, Charles Patton, returns to the studio.
Mr. Patton was convicted on drug charges more than two years ago and sentenced to 44 years in prison.
Very few details of the arrest have been made available, but an entry on the ProHipHop blog said he was busted with 6 kilograms of heroin and had used the sale of narcotics to fund his musical projects (the news link in the blog entry has since expired). Patton, who had a loaded gun in his possession at the time of his arrest, appealed his conviction because the jurors were not asked whether they had any "bias" against firearms.
The Illinois Appellate Court dismissed the appeal on the argument that the judge had no requirement to ask about potential firearms bias. The US Supreme Court also dismissed his request for an appeal; meaning the producer most likely will spend most if not all of his remaining years behind bars. And Mr. Fiasco might have to find someone else to fine-tune his sound.
Mr. Patton's Chicago criminal defense attorney was not named in the brief AP article.
Appeals to criminal cases (as with all appeals) must find fault with the legal procedures used during the lower court trial, not simply to get a better outcome, as FindLaw explains. In Mr. Patton's case, his Illinois criminal attorney had hoped the higher courts would agree with the argument that the jury selection process was biased. New evidence or newly discovered legal theories are not included in appeals.
In short, the court of review (whether it's the Illinois Appellate Court or the US Supreme Court) looks for errors in the lower court's handling of the case, which can include a finding that the evidence is insufficient. With respect to Mr. Patton, neither court found errors in his case.
Related Resources:
- The Basis for an Appeal (FindLaw)
- High Court Turns Away Several Cases (The Wall Street Journal)
- Contact a Chicago Criminal Attorney (FindLaw)
