Illinois Supreme Court Reverses and Remands a Second Degree Murder Adult Sentence for a Juvenile and Grants a New Hearing.

In this case, the defendant was 16 years old when he was charged in a shooting. He was considered an “automatic transfer” under Illinois law and was charged in adult court in the Circuit Court of Cook County. He went to a bench trial and was acquitted of first degree murder. He was found guilty of second degree murder, which is not an automatic transfer offense.

The State never filed a motion asking for an adult sentencing hearing for which the law provides. Instead, apparently everyone, including the trial judge, assumed that adult sentencing would be automatic and proceeded thusly.

The Illinois Supreme Court reversed and remanded for a new sentencing hearing, including granting an opportunity for the State to file such a motion.

The case is People v. Cameron Fort.

Related Posts
  • Number 10 of Bill Wolf’s “Top Ten” Fourth Amendment Cases for Illinois Lawyers: The Illinois Appellate Court Case of People v. McCavitt. Read More
  • U.S. Supreme Court Holds Defendants Sentenced on Mandatory Minimum Ineligible for Later Sentencing Reductions Based on Reduction in Guidelines Range. Read More
  • Seventh Circuit Orders Limited Remand in Light of United States v. Dean Read More