PEOPLE v. BURTRON

No. 5-06-0619.

877 N.E.2d 87 (2007)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James A. BURTRON, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

September 28, 2007.


Attorney(s) appearing for the Case

Fred Johnson, Heller, Holmes & Associates, P.C., Mattoon, for Appellant.

Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Kendra S. Peterson, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, Thomas R. Wiseman, State's Attorney, Robinson, for Appellee.


Justice SPOMER delivered the opinion of the court:

On February 21, 1978, when asked to consider the deference a reviewing court should give to a trial judge's decision to declare a mistrial, the United States Supreme Court held, inter alia, "Unless unscrupulous defense counsel are to be allowed an unfair advantage, the trial judge must have the power to declare a mistrial in appropriate cases." Arizona v. Washington, 434 U.S. 497

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