Illinois Supreme Court
Criminal Court
Motions to Suppress
Defendant was convicted, after bench trial, of first-degree murder in shooting death of 68-year-old victim during botched robbery attempt. Alleged co-conspirator was shot to death next day. Defendant's own taped interrogation was admitted against him at trial. At trial, defense counsel's arguments as to motion to suppress were broadly worded, but many arguments advanced on appeal had not been argued at trial. Drastic shift in factual theories deprived State of opportunity to present evidence as to them. (FREEMAN, KARMEIER, and THEIS, concurring; BURKE, THOMAS, and KILBRIDE, specially concurring.)