Court sentenced Defendant to aggregate prison term of 86 years on convictions of intentional 1st-degree murder and armed remedy. Court was within its discretion in refusing to seat a potential juror as remedy for Batson violation, and in imposing sentence. Seating a potential juror is a possible remedy for Batson violation, but the court is not required to use that remedy but could also discharge entire venire. Potential juror had, by the time Defendant sought remedy of seating that juror, been excused for more than 12 hours, and thus had significant risk that she had been exposed to information related to case, and that alone was sufficient reason to refuse to seat her. Court was obligated to impose judgment on more serious version of the offense (intention-murder), it had no discretion to do otherwise. (JORGENSEN and SPENCE, concurring.)
Illinois Appellate Court
Criminal Court
Jury Selection