Opinion

People v. Nielson

  • 187 Ill. 2d 271
  • 240 Ill. Dec. 650
  • 718 N.E.2d 131
  • 1999 Ill. LEXIS 680
Court
Illinois Supreme Court
Filed
Jun 17, 1999
Status
Published
Author
Harrison
On the bench
Rathje, Harrison
Cited by
92 cases
Authority
More cited than 4.9%

finding that the defendant placing his hands over his ears, 13 No. 1-12-1786 turning his head, and saying, " 'nah nah nah,' " was sufficient to invoke right to remain silent

How later courts described this case

  • finding that the defendant placing his hands over his ears, 13 No. 1-12-1786 turning his head, and saying, " 'nah nah nah,' " was sufficient to invoke right to remain silent
  • stating that to “justify an extended-term sentence,” a defendant must not only have acted brutally or heinously, hut “also must have demonstrated wanton cruelty”
  • stating that to "justify an extended-term sentence," a defendant must not only have acted brutally or heinously, but "also must have demonstrated wanton cruelty"
  • finding that the defendant placing his hands over his ears, turning his head, and saying, “ ‘nah nah nah,’ ” was sufficient to invoke right to remain silent

Written by the judges who cited it.

The opinion

JUSTICE HARRISON, concurring in part and dissenting in part:

I agree that Nielson’s convictions should not be disturbed and that we should reduce the sentences on his concealment convictions to five years’ imprisonment. In my view, however, we should also set aside Nielson’s death sentence. For the reasons set forth in my dissent in People v. Bull, 185 Ill. 2d 179 (1998), this state’s present death penalty law does not meet the requirements of the eighth and fourteenth amendments to the United States Constitution (U.S. Const., amends. VIII, XIV) or article I, section 2, of the Illinois Constitution (Ill. Const. 1970, art. I, § 2). Because the law is unconstitutional, Nielson should be resentenced to a term of imprisonment. 720 ILCS 5/9—1(j) (West 1996). Because he was found guilty of murdering more than one victim, the term of his imprisonment must be natural life. 730 ILCS 5/5—8—1(a)(1)(c)(ii) (West 1996).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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