Illinois Appellate Court to hear oral arguments in Bliefnick murder case on Oct. 16

QUINCY — Oral arguments in the appeal case for convicted murderer Tim Bliefnick will be held at 1 p.m. Oct. 16 by Zoom.

Becky Bliefnick, who had three sons with Tim Bliefnick, was found dead by her father in her home on Feb. 23, 2023, after being shot 14 times. She was 41. Tim Bliefnick was convicted in May 2023 of murdering his estranged wife and received three life sentences on August 11, 2023. He now is lodged in the Menard Correctional Center in Menard.

A person has the right to appeal a lower court decision to the Illinois Appellate Court. The appellate court is organized into five districts — headquartered in Chicago, Elgin, Ottawa, Springfield and Mount Vernon. The appellate court in each district hears appeals from the circuits within that district. After the appellate court decides an appeal, a person may petition the Illinois Supreme Court to review the appellate court’s decision.

Catherine Hart, deputy defender with the Office of the State Appellate Defender, Fourth District, and James H. Waller, assistant appellate defender, have represented Bliefnick thus far in the appeal process.

Hart and Waller filed a 50-page brief, the first brief in the appeal process, on April 4 in the Office of State Appellate Defender, Fourth District. They argued many mistakes were made in Bliefnick’s May 2023 trial while asking for a new trial.

Allison Paige Brooks, assistant appellate prosecutor with the Illinois office of the state’s attorneys appellate prosecutor, has represented Adams County thus far in the appeal process. She filed a 36-page brief on July 15, listing several items of evidence in her argument that created what she called “an overwhelming circumstantial case.”

A 19-page brief filed July 25 by Hart and Waller filed the third and final brief on July 25. It was in reply to the Brooks brief. Hart and Weller said the basis for Bliefnick’s appeal is based on three issues:

• Former Judge Robert Adrian admitted inadmissible evidence under the “forfeiture by wrongdoing” doctrine, without regard for whether that evidence was relevant or otherwise admissible.
• Former Adams County Assistant State’s Attorney Josh Jones, who prosecuted the case, made representations to the jury of matters that were not in evidence. 
• Adrian denied the defense’s suggestion of conflict and allowed Jones to remain as the prosecutor in this case while Jones’ potentially adverse testimony against Adrian was pending in another matter before the Judicial Inquiry Board.

The Fourth District Appellate Court is in Springfield. It hears cases appealed from trial courts in 41 counties from the following circuits:

• 7th (Greene, Jersey, Macoupin, Morgan, Sangamon & Scott);
• 8th (Adams, Brown, Calhoun, Cass, Mason, Menard, Pike & Schuyler);
• 9th (Fulton, Hancock, Henderson, Knox, McDonough & Warren);
• 10th (Marshall, Peoria, Putnam, Stark & Tazewell);
• 11th (Ford, Livingston, Logan, McLean & Woodford);
• 14th (Henry, Mercer, Rock Island & Whiteside);
• 15th (Carroll, Jo Daviess, Lee, Ogle & Stephenson);
• 17th (Boone & Winnebago).

A three-judge panel will be assigned to the Bliefnick case. The panels are selected randomly by Carla Bender, clerk of the Fourth District Appellate Court. The Fourth District has 10 judges. They are:

• Peter Cavanagh of Sangamon County
• Craig DeArmond of Vermillion County
• Eugene Doherty of Winnebago County
• Raylene Grischow from Sangamon County
• Thomas Harris from Logan County
• James Knecht from McLean County
• Amy Lannerd from Adams County
• Robert Steigmann from Champaign County
• David Vancil from Henderson County
• Kathryn Zenoff from Winnebago County

The appellate attorneys typically do not learn which judges are assigned to a case until seven days before oral arguments are heard.

Once everything is filed, the appellate court judges have everything they need to decide an appeal. The court likely will, but is not required to, allow the parties to present oral arguments about the case (typically 10 to 20 minutes is allowed to each side). 

After reading the briefs, reviewing the record, considering applicable law and listening to oral arguments (if deemed necessary), the three appellate court justices assigned to consider the appeal discuss the case among themselves, reach a decision and file a written decision (an opinion or an order). Written decisions on cases before the Illinois Appellate Court Fourth District can be found here.