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PEOPLE v. MANNING

(Docket No. 122081).

115 N.E.3d 45 (2018)

2018 IL 122081

The PEOPLE of the State of Illinois, Appellant, v. Arthur MANNING, Appellee.

Supreme Court of Illinois.

Rehearing denied May 29, 2018.

Attorney(s) appearing for the Case

Lisa Madigan , Attorney General, of Springfield, and Joseph H. McMahon , State's Attorney, of St. Charles ( David L. Franklin , Solicitor General, Michael M. Glick and Lindsay Beyer Payne , Assistant Attorneys General, of Chicago, and Patrick Delfino , Lawrence M. Bauer , and Victoria E. Jozef , of the Office of the State's Attorneys Appellate Prosecutor, of Elgin, of counsel), for the People.

Michael J. Pelletier , State Appellate Defender, Thomas A. Lilien , Deputy Defender, and Paul Alexander Rogers , Assistant Appellate Defender, of the Office of the State Appellate Defender, of Elgin, for appellee.

OPINION

¶ 1 The issue presented in this appeal, distilled to its essence, is whether jurors' inability to unanimously agree upon whether a mitigating factor exists, for purposes of second degree murder, results in a finding of first degree murder, as charged...

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