People v. Brown

Defendant was convicted of 7 counts of first degree murder, including 2 counts of knowing murder and 5 counts of felony murder. Innocent bystander was struck by bullet from nearby gunfight in 2007, and was rendered quadriplegic and was dependent on ventilator, and died in 2010. As victim had not yet died at time of trial, double jeopardy did not preclude 2013 murder prosecution after victim had died. State was estopped from prosecuting Defendant for intentional first degree murder after his 2009 acquittal for attempted murder. Collateral estoppel effect did not preclude charges of knowing or felony murder. Directed verdict in Defendant's favor on charges of aggravated battery with a firearm and aggravated discharge of a firearm indicates finding of insufficient evidence that Defendant knowingly fired in direction of victim or caused victim's injury. Thus, collateral estoppel precludes first degree murder conviction. (DELORT and CONNORS, concurring.)