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PEOPLE v. NICHOLAS

No. 98965.

842 N.E.2d 674 (2005)

218 Ill.2d 104

299 Ill.Dec. 637

The PEOPLE of the State of Illinois, Appellant, v. Marcel NICHOLAS, Appellee.

Supreme Court of Illinois.

As Modified Upon Denial of Rehearing January 23, 2006.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield, and Richard A. Devine, State's Attorney, Chicago (Linda D. Woloshin, Assistant Attorney General, Chicago, and Renee Goldfarb, John E. Nowak, Amy Watroba Kern, Annette Collins, Veronica Calderon Malavia and James E. Fitzgerald, Assistant State's Attorneys, of counsel), for the People.

Michael J. Pelletier, Deputy Defender, and Douglas R. Hoff, Assistant Appellate Defender, of the Office of the State Appellate Defender, Chicago, for appellee.

Justice FITZGERALD delivered the opinion of the court:

The defendant, Marcel Nicholas, was questioned and later arrested in connection with the shooting death of his mother outside their apartment. The defendant made a court-reported inculpatory statement 35 hours after his arrest. He was presented to the trial court for a probable cause hearing five hours later, 40 hours after his arrest.

A jury convicted the defendant of first degree murder, and the circuit...

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