Defendant, age 16 at time of offense, was convicted, after jury trial, of 1st-degree murder on theory of accountability, and sentenced to 37 years. Jury found the State failed to prove that Defendant was armed with a firearm during the commission of the offense. One report indicated that Defendant had a cognitive disability, but State's clinical psychologist expert disagreed and stated that he had a learning disability and an emotional disability. Court agreed with State's expert and found that Defendant fully understood his Miranda rights and made a conscious decision to waive them. Defendant lacked the ability to understand his Miranda rights and therefore could not knowingly and intelligently waive those rights. Court should have suppressed his statements to the police. Error was reversible and there was insufficient evidence to convict him such that retrial would offend double jeopardy principles. (GORDON and LAMPKIN, concurring.)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing