PEOPLE v. TENNER

No. 90394.

794 N.E.2d 238 (2002)

206 Ill.2d 381

276 Ill.Dec. 343

The PEOPLE of the State of Illinois, Appellee, v. James H. TENNER, Appellant.

Supreme Court of Illinois.

As Modified Upon Denial of Rehearing March 31, 2003.


Attorney(s) appearing for the Case

Charles M. Schiedel, Deputy Defender, and Kim Robert Fawcett, Assistant Defender, Office of the State Appellate Defender, Chicago, for appellant.

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


Justice FITZGERALD delivered the opinion of the court:

The defendant, James Tenner, appeals a Cook County circuit court order dismissing his second post-conviction petition without an evidentiary hearing. Because the defendant was sentenced to death, his appeal lies directly to this court. See 134 Ill.2d R. 651(a).

On January 10, 2003, while the defendant's petition for rehearing was pending, former Governor George Ryan commuted the sentences of all Illinois...

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