PEOPLE v. JOHNSON

No. 85134.

793 N.E.2d 591 (2002)

205 Ill.2d 381

275 Ill.Dec. 820

The PEOPLE of the State of Illinois, Appellee, v. Milton JOHNSON, Appellant.

Supreme Court of Illinois.

Modified on Denial of Rehearing May 29, 2002.


Attorney(s) appearing for the Case

Marshall J. Hartman, Deputy Defender, and Kim Robert Fawcett, Assistant Appellate Defender, of the Office of the State Appellate Defender, Chicago, for appellant.

James E. Ryan, Attorney General, Springfield, and Jeff Tomczak, State's Attorney, Joliet (Joel D. Bertocchi, Solicitor General, and William L. Browers and Jay Paul Hoffmann, Assistant Attorneys General, Chicago, of counsel), for the People.


Justice FITZGERALD delivered the opinion of the court:

The defendant, Milton Johnson, appeals a Will County circuit court order dismissing his first amended 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). We now affirm in part, reverse in part, and remand for further proceedings.

BACKGROUND

On July 16, 1983, Patricia Payne and...

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