# People v. Munson

> Illinois Supreme Court · June 20, 2002 · 206 Ill. 2d 104

URL: https://www.frixlaw.com/law-library/cases/9720723

## Case

- **Full name:** The PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JAMES MUNSON, Appellant
- **Court:** Illinois Supreme Court
- **Decided:** June 20, 2002
- **Citations:** 206 Ill. 2d 104; 276 Ill. Dec. 260; 794 N.E.2d 155; 2002 Ill. LEXIS 334
- **Precedential status:** Published
- **Opinion:** Dissent by Kilbride
- **Judges:** Garman, Harrison, Kilbride
- **Cited by:** 92 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9720723

## How later opinions describe it (automated extraction)

- concluding that the petitioner abandoned several postconviction claims by failing to raise them on appeal

## Opinion text

JUSTICE KILBRIDE, also dissenting:
Defendant’s convictions and sentence should be set aside because the trial proceedings were not conducted in accordance with the new supreme court rules governing capital cases. See People v. Hickey, 204 Ill. 2d 585, 636-40 (2001) (Kilbride, J., dissenting), and People v. Simpson, 204 Ill. 2d 536, 581-85 (2001) (Kilbride, J., dissenting). For the reasons expressed in my dissents in Hickey and Simpson, I maintain that convictions and sentences obtained in capital cases prior to this court’s adoption of the new rules are inherently unreliable because the old system did not adequately protect a defendant’s constitutional rights. The new rules were promulgated to address these constitutional deficiencies and, as a result, must be applied retroactively to all capital cases currently being reviewed by this court. See People v. Hudson, 195 Ill. 2d 117, 126 (2001), citing Griffith v. Kentucky, 479 U.S. 314, 328 , 93 L. Ed. 2d 649, 661 , 107 S. Ct. 708, 716 (1987).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9720723. Public record. Not legal advice.