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PEOPLE v. MACK

No. 75412.

658 N.E.2d 437 (1995)

167 Ill.2d 525

212 Ill.Dec. 955

The PEOPLE of the State of Illinois, Appellant, v. Larry MACK, Appellee.

Supreme Court of Illinois.

Rehearing Denied December 4, 1995.

Attorney(s) appearing for the Case

Roland W. Burris, Attorney General, Springfield, and Jack O'Malley, State's Attorney, Chicago (Terence M. Madsen and Arleen Anderson, Assistant Attorneys General, Chicago, and Sally L. Dilgart, Renee G. Goldfarb, Marie Quinlivan Czech and Rebecca Davidson, Assistant State's Attorneys, of counsel), for the People.

John L. Stainthorp, Chicago, for appellee.

Paul A. Logli, Rockford, for amicus curiae Illinois State's Attorneys Association.

Justice NICKELS delivered the opinion of the court:

The State appeals from an order of the circuit court of Cook County granting the petition of defendant, Larry Mack, for relief under the Post-Conviction Hearing Act (Ill. Rev.Stat.1989, ch. 38, par. 122-1 et seq.). The circuit court vacated defendant's death sentence and ordered a new sentencing hearing on the basis that the sentencing jury failed to return a legally sufficient verdict finding the existence...

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