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PEOPLE v. ARMSTRONG

No. 1-08-0901.

919 N.E.2d 57 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Carl ARMSTRONG, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

November 2, 2009.

Attorney(s) appearing for the Case

James E. Fitzgerald, Alan J. Spellburg, Jon Walters, Anita Alvarez, State's Attorney, County of Cook, Chicago, IL, for Plaintiff-Appellee.

J. Kevin McCall, Kevin Case, Jenner & Block, LLP, Chicago, IL, for Defendant-Appellant.

Justice GARCIA delivered the opinion of the court.

Following a bench trial, the defendant was convicted of the involuntary manslaughter of his three-month-old son and sentenced to seven years in prison. The defendant's primary contention on appeal centers on when his son was legally brain dead to trigger the application of section 103-2.1 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-2.1 (West 2006)). Under section 103-2.1, all in-custody interrogations...

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