PEOPLE v. CRUZ

No. 70407.

643 N.E.2d 636 (1994)

162 Ill.2d 314

205 Ill.Dec. 345

The PEOPLE of the State of Illinois, Appellee, v. Rolando CRUZ, Appellant.

Supreme Court of Illinois.

July 14, 1994.


Attorney(s) appearing for the Case

Lawrence C. Marshall, of Mayer, Brown & Platt, Chicago, and John J. Hanlon, Asst. Defender, of the Office of the State Appellate Defender, Springfield (Anne D. Samuels and Constantine L. Trela, Jr., of Sidley & Austin, Susan Valentine and Fay Clayton, of Robinson, Curley & Clayton, Jeffrey H. Winick, of Stein, Ray & Conway, and Carol C. Dillard, of Peterson & Ross, all of Chicago, of counsel), for appellant.

Roland W. Burris, Atty. Gen., Springfield, and James E. Ryan, State's Atty., Wheaton (Rosalyn B. Kaplan, Solicitor Gen., and Terence M. Madsen, Steven J. Zick, Bradley P. Halloran and Michael M. Glick, Asst. Attys. Gen., Chicago, Barbara A. Preiner and Margaret M. O'Connell, Asst. State's Attys., of counsel, and Joan M. Dillon, law student), for the People.

Michael B. Metnick, Metnick, Barewin & Wise, Springfield, Jeffrey Urdangen, Chicago, and Jane Raley, Evanston, for amicus curiae Alejandro Hernandez.

Michael A. Mello, South Royalton, Vermont, for amici curiae Hugo Adam Bedau and Michael L. Radelet.

Roger Pascal and Paul E. Dengel, Schiff, Hardin & Waite, Chicago, for amici curiae Peter Beckwith, et al.

Lowell E. Sachnoff, Sachnoff & Weaver, Ltd., Chicago (Stuart J. Chanen and Mary N. Cameli, of counsel), for amici curiae The Chicago Conference of Black Lawyers, et al.

Edward M. Genson, Genson, Steinback & Gillespie, and Michael D. Monico, Monico, Pavich & Spevack, Chicago, for amici curiae The National Association of Criminal Defense Lawyers and Illinois Attorneys for Criminal Justice.

Ruben Castillo, Kirkland & Ellis, Chicago, for amici curiae Six Deans of Illinois Law Schools.

Sheldon T. Zenner, Katten, Muchin & Zavis, Chicago, for amici curiae James B. Burns, et al.


Justice FREEMAN delivered the judgment of the court:

In 1985, defendant, Rolando Cruz, and codefendant Alejandro Hernandez were tried together, convicted of the kidnapping, rape and murder of Jeanine Nicarico and sentenced to death. The jury was unable to reach a verdict on identical charges against another codefendant, Steven Buckley. Defendant Cruz's convictions were reversed, and his case was remanded for a new trial (People v. Cruz (1988),

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