Supreme Court Summaries
Opinions filed October 27, 2011
People v. Hill, 2011 IL 110928
Appellate citation: 402 Ill. App. 3d 903.
A Cook County jury convicted this defendant of the 2001 murder of his ex-girlfriend, who had obtained a protection order against him. He had waived a jury for further proceedings, and the trial judge found him eligible for the death penalty based on murder in violation of a protection order.
In this decision, Hill’s appeal to the supreme court was dismissed as moot. He had raised as an issue a purported violation of Supreme Court Rule 416(a) as to the timing of the State’s filing of its notice of intent to seek the death penalty. However, the circuit court judge imposed only a prison term, sentencing him to 60 years. There was nothing in the record to indicate, and no evidence to suggest, that this sentencing decision was influenced in any way by the defendant’s eligibility for the death penalty. Also, the question of the proper interpretation of this capital rule is unlikely to recur again now that the death penalty has been abolished.