Supreme Court of Illinois

In a conviction for second degree murder where the state conceded provocation as a mitigating factor and the judge gave an instruction on provocation, reversal of the conviction is affirmed where the State still had to prove the elements of first degree murder and no instruction on the mitigating factor of provocation should have been given.

Appellate Information

• Decided 01/25/2008
• Published 01/25/2008

Judges

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Lisa Madigan, Attorney General, Springfield, Jeff Terronez, State's Attorney, Rock Island (Gary Feinerman, Michael A. Scodro, Solicitors General, Michael M. Glick, Garson Fischer, Assistant Attorneys General, all of Chicago, Norbert J. Goetten, Lawrence M. Bauer, Terry A. Mertel, Office of the State's Attorneys Appellate Prosecutor, Ottawa, of counsel), for the People.


• For Appellees:
  
• Robert Agostinelli, Deputy Defender, Thomas A. Karalis, Assistant Defender, Office of the State Appellate Defender, Ottawa, for appellee.