People v. Bailey

Illinois Supreme Court
Criminal Court
Case Number: 
2013 IL 113690
Decision Date: 
March 21, 2013
1st Dist.
Cook Co.
Appellate court reversed in part; circuit court vacated in part; remanded..
Court erred by refusing Defendant's request for separate verdict forms for felony murder. If jury had been given separate verdict forms and had acquitted Defendant of intentional or knowing murder, application of Section 9-1(b)(6) of Criminal Code would have been foreclosed as verdict would have negated an essential element of this eligibility factor for death penalty. Thus, error had consequences for Defendant's sentence of natural life without parole, and remedy is for sentence to be vacated, and remand for sentencing. (KILBRIDE, FREEMAN, THOMAS, KARMEIER, BURKE, and THEIS, concurring.)