Opinion

The People v. Bernette

  • 45 Ill. 2d 227
  • 258 N.E.2d 793
  • 1970 Ill. LEXIS 568
Court
Illinois Supreme Court
Filed
Mar 24, 1970
Status
Published
Author
Schaefer
On the bench
William J. Clark
Cited by
22 cases
Authority
More cited than 13.7%

Reversed on other grounds by Atkinson v. North Carolina, 403 U.S. 948 (1971)

The opinion

Mr. Justice Schaefer, dissenting:

In my opinion, the decisions of the Supreme Court of the United States in Boulden v. Holman (1969), 394 U.S. 478 , 22 L. Ed. 2d 433 , 89 S. Ct. 1138 , and Maxwell v. Bishop (1970), 398 U.S. 262 , 26 L. Ed. 2d 221 , 90 S. Ct. 1578 , require the conclusion that the jury which imposed the death sentences in this case was not selected in accordance with the standards laid down in Witherspoon v. Illinois (1968), 391 U.S. 510 , 20 L. Ed. 2d 776 , 88 S. Ct. 1770 , and those sentences cannot constitutionally stand.

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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