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PEOPLE v. MORGAN

No. 1-05-4016.

875 N.E.2d 6 (2007)

375 Ill. App.3d 525

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Samuel MORGAN, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

August 20, 2007.

Attorney(s) appearing for the Case

J. Samuel Tenenbaum, Matthew J. O'Hara, John L. Hayes and Alexandra Grigoras Buck of Sachnoff & Weaver, Ltd.; Thomas F. Geraghty of Northwestern University Bluhm Legal Clinic, Northeastern University School of Law, Chicago, for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (James E. Fitzgerald and Marie Quinlivan Czech, Assistant State's Attorneys, of counsel), for Appellee.

Justice CAHILL delivered the opinion of the court:

We are asked to consider under what circumstances is a capital defendant entitled to a new sentencing hearing after receiving a limited pardon removing the death penalty as a legal consequence of his actions. The circuit court held defendant Samuel Morgan was not entitled to a hearing on remand and sentenced him to natural life in prison. We agree defendant was not entitled to a new hearing under the facts here and...

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