recognizing that where a defendant fails to remain silent after being apprised of his right to do so and instead makes oral statements, the defendant has relinquished his rights under the fifth amendment and cannot claim that testimony indicating he was unwilling to subsequently memorialize his oral statements violated his right to remain silent
How later courts described this case
- recognizing that where a defendant fails to remain silent after being apprised of his right to do so and instead makes oral statements, the defendant has relinquished his rights under the fifth amendment and cannot claim that testimony indicating he was unwilling to subsequently memorialize his oral statements violated his right to remain silent
- stating the rule that this court “will ‘not lightly overturn the findings of the trial court, particularly when they are amply supported by the record’ ” applies to findings made during the aggravation and mitigation phase of the death penalty hearing
- supreme court will not lightly overturn trial court’s findings during aggravation and mitigation phase of death penalty hearing
- death penalty appropriate despite mitigating evidence of emotional and mental disturbance, alcoholism, drug addiction, poor health, deprived childhood, and remorse
Written by the judges who cited it.
The opinion
JUSTICE SIMON, concurring in part and dissenting in part:
I agree that the convictions should be affirmed. However, for the reasons set forth in my separate opinions in People v. Lewis (1981), 88 Ill. 2d 129, 179 (Simon, J., dissenting), in People v. Silagy (1984), 101 Ill. 2d 147, 184 (Simon, J., concurring in part and dissenting in part), and in People v. Albanese (1984), 104 Ill. 2d 504, 549 (Simon, J., concurring in part and dissenting in part), I believe that the Illinois death penalty statute is unconstitutional and that the death sentence in this case should be vacated. See also United States ex rel. Lewis v. Lane (C.D. Ill. Jan. 8, 1987), No. 86 — 2086, slip op. at 29 (expressing “grave doubts” over the constitutionality of the Illinois death penalty statute); Note, Stare Decisis and the Illinois Death Penalty, 1986 U. Ill. L. Rev. 177 .