(Court opinion corrected 2/1/2021.) Defendant, age 18 years 2 months at time of offense, was convicted, after jury trial, of 1st degree murder and sentenced to 51 years. Jury found that Defendant personally discharged a firearm that proximately caused death of victim. Court did not err in admitting dying declaration by victim, identifying Defendant as the shooter, as exception to hearsay rule. Victim had suffered several gunshot wounds and expressed the belief he was dying. Dying declarations do not violate 6th amendment right to confrontation. Defendant was not denied fair and impartial trial because jury foreman had a work and familial relationship with victim's father which he did not reveal in voir dire. They worked for the same company in different departments and had minimal interaction with each other, did not often see each other at work, and never socialized together outside of work; and their familial relationship was remote, as victim's father was married to foreman's sister for only 8 months before foreman had ever met victim's father. At sentencing hearing, Defendant did not offer any evidence as to how emerging science as to juvenile maturity and brain development that formed the basis for Miller v. Alabama applies to him. Thus, no evidentiary record to support Defendant's claim that his sentence is a de facto life sentence and violates Illinois proportionate penalties clause. (WELCH and MOORE, concurring.)
Illinois Appellate Court
Criminal Court
Jury Bias