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PEOPLE v. BRISBON

No. 56560.

106 Ill.2d 342 (1985)

478 N.E.2d 402

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. HENRY BRISBON, Appellant.

Supreme Court of Illinois.

Rehearing denied May 31, 1985.

Attorney(s) appearing for the Case

Shelley A. Bannister, of Bannister & Byrne, and Joshua Sachs, both of Chicago, for appellant.

Neil F. Hartigan, Attorney General, of Springfield, and Edward Petka, State's Attorney, of Joliet (Mark L. Rotert, Jack Donatelli and Michael V. Accettura, Assistant Attorneys General, of Springfield, of counsel), for the People.

Judgment affirmed; sentence vacated; cause remanded.

JUSTICE WARD delivered the opinion of the court:

The defendant, Stateville prison inmate Henry Brisbon, was found guilty of the murder of another inmate, Richard Morgan, following a jury trial in the circuit court of Will County. After a hearing on the question of the imposition of the death penalty (Ill. Rev. Stat. 1977, ch. 38, par. 9-1(d)), the jury found that there were no mitigating factors sufficient...

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