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PEOPLE v. McKINLEY

No. 81-1006.

115 Ill. App.3d 1095 (1983)

452 N.E.2d 43

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JESSIE J. McKINLEY, Defendant-Appellant.

Appellate Court of Illinois — First District (4th Division).

Opinion filed June 30, 1983.

Attorney(s) appearing for the Case

Steven Clark, of State Appellate Defender's Office, of Chicago (James R. Vogler and Douglass G. Hewitt, both of Winston & Strawn, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat, Paula Carstensen, and Thomas Gearen, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

PRESIDING JUSTICE ROMITI delivered the opinion of the court:

Defendant Jessie McKinley, convicted of murder in a jury trial, contends on appeal that: (1) the summary restoration of his fitness to stand trial, based on stipulated psychiatric conclusions, was improper; and (2) the prosecution used its peremptory challenges to exclude blacks from the jury in a manner which violated defendant...

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