PEOPLE v. NITZ

No. 5-98-0657.

747 N.E.2d 38 (2001)

319 Ill. App.3d 949

254 Ill.Dec. 281

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Richard C. NITZ, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

March 28, 2001.


Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Rita K. Peterson, Assistant Defender, Office of the State Appellate Defender, Mount Vernon, for Appellant.

Charles Garnati, State's Attorney, Marion; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Kendra S. Mitchell, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mount Vernon, for Appellee.


Justice KUEHN delivered the opinion of the court:

At one time, Richard Nitz knew when he was to rendezvous with death, for the State of Illinois had set the appointed hour. Death was to be Nitz's punishment for killing Michael Miley and mutilating his body. However, his last meal was never served.

After losing his direct appeal, Nitz sought collateral relief from his conviction and death sentence, based upon his...

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