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PEOPLE v. NITZ

No. 5-98-0657.

820 N.E.2d 536 (2004)

353 Ill. App.3d 978

289 Ill.Dec. 760

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

Appellate Court of Illinois, Fifth District.

November 10, 2004.

Attorney(s) appearing for the Case

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

Charles Garnati, State's Attorney, Marion; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Kendra S. Peterson, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. 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, questioning his fitness to stand trial. Nitz had ingested a...

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