A consolidated appeal of separate cases in which defendant was found guilty of murder, attempted armed robbery, aggravated criminal sexual assault, and armed robbery. Defendant filed a post-conviction petition after his convictions were upheld on direct appeal and, after conducting a third-stage evidentiary hearing and a new hearing related to suppression of evidence, the trial court ordered that new trials be conducted. The State appealed arguing that the trial court exceeded its limited jurisdiction on remand and erred when it granted defendant a new trial. The appellate court dismissed the appeal for lack of jurisdiction, finding that the appellate court’s previous order had already vacated the defendant’s convictions, necessitating a new trial. (MIKVA, concurring and MITCHELL, dissenting)
Illinois Appellate Court
Criminal Court
Appellate Procedure