# People v. Davis

> Illinois Supreme Court · February 18, 1983 · 95 Ill. 2d 1

URL: https://www.frixlaw.com/law-library/cases/9734124

## Case

- **Full name:** The PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. GIRVIES L. DAVIS, Appellant
- **Court:** Illinois Supreme Court
- **Decided:** February 18, 1983
- **Citations:** 95 Ill. 2d 1; 69 Ill. Dec. 136; 447 N.E.2d 353; 1983 Ill. LEXIS 304
- **Precedential status:** Published
- **Opinion:** Concurring in part by Goldenhersh
- **Judges:** Moran, Goldenhersh, Simon
- **Cited by:** 150 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/9734124

## Opinion text

JUSTICE GOLDENHERSH, concurring in part and dissenting in part:
I would affirm the conviction for murder, vacate the death penalty, and remand to the circuit court for the imposition of a sentence other than death. Clearly, under Enmund v. Florida (1982), 458 U.S. 782 , 73 L. Ed. 2d 1140 , 102 S. Ct. 3368 , the death penalty cannot be imposed in this case.
In his statement, after relating the manner in which he and Holman entered the victim’s mobile home, defendant stated, "I carried the T.V and gun out to the car. Then I heard a shot and Ricky came out and said he shot the old man.” There is no evidence that shows that defendant was present when the murder was committed or that he contemplated it. The majority opinion states, “ [Defendant certainly had reason to contemplate that a life would be taken, or that lethal force would be employed” (95 Ill. 2d at 51) but cites nothing in the record which supports this conjecture.
The majority makes reference to the fact that in the Cash murder defendant was the “triggerman.” (95 111. 2d at 50-51.) We are not here concerned with the question whether the death penalty may be imposed for the Cash murder. The question here is whether defendant may be sentenced to death on an accountability theory for the death of Mr. Biebel. Obviously, under Enmund, the answer is “No.”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9734124. Public record. Not legal advice.