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PEOPLE v. EMERSON

No. 84049.

727 N.E.2d 302 (2000)

189 Ill.2d 436

245 Ill.Dec. 49

The PEOPLE of the State of Illinois, Appellee, v. Dennis EMERSON, Appellant.

Supreme Court of Illinois.

Modified upon Denial of Rehearing April 3, 2000.

Attorney(s) appearing for the Case

Prentice H. Marshall, Jr., Linton J. Childs, Margaret L. Fitzpatrick and Robert C. Varnell, Sidley & Austin, Chicago, for Appellant, and Dennis Emerson, Menard, Appellant pro se.

James E. Ryan, Attorney General, Springfield, Richard A. Devine, State's Attorney, Chicago (William L. Browers, Assistant Attorney General, Chicago, Renee Goldfarb and James E. Fitzgerald, Assistant State's Attorneys, of counsel), for the People.

Justice McMORROW delivered the opinion of the court:

In 1985, defendant was convicted of the murder and armed robbery of Delinda Byrd, as well as the attempted murder and armed robbery of Robert Ray. A jury found defendant eligible for the death penalty based on Byrd's murder and found no mitigating factors sufficient to preclude the imposition of the death penalty. Pursuant to defendant's petition for a writ of habeas corpus, the United States District Court...

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