(DOWNLOAD) "People v. Clay" by Illinois Appellate Court — First District (5Th Division) Judgments Affirmed as Modified # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Clay
- Author : Illinois Appellate Court — First District (5Th Division) Judgments Affirmed as Modified
- Release Date : January 04, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Following a simultaneous trial, defendants Heard and Clay were convicted by separate juries of murder, attempted armed robbery, and conspiracy to commit armed robbery. After a finding by the trial court that the convictions for attempted armed robbery merged with the convictions for murder, Heard was sentenced to concurrent terms of 40 years for murder and 15 years for conspiracy; and Clay was sentenced to concurrent terms of 80 years for murder and 30 years for conspiracy. On appeal, Heard contends that (1) the trial court erred in denying his motion for substitution of judge without a hearing; (2) his inculpatory statement should have been suppressed because it was given during an involuntary detainment, in violation of Dunaway v. New York (1979), 442 U.S. 200, 60 L.Ed.2d 824, 99 S.Ct. 2248; (3) he was denied a fair trial by improper prosecutorial remarks during closing argument; and (4) his sentences are excessive. Defendant Clay's sole contention on appeal is that his sentences are excessive. The charges arose from the fatal shooting of 10-year-old Laura Bruce on December 3, 1980, and as there is no contention that guilt was not established, we will set forth only the testimony relevant to the issues presented.