Illinois Supreme Court

The People of the State of Illinois, Appellee v. Joseph Bannister, Appellant

October 17, 2008232 Ill. 2d 52

Summary

The Illinois Supreme Court affirmed Bannister’s convictions and death sentence. It held that his guilt-phase jury waiver was knowing and voluntary despite inaccurate sentencing admonishments, that he personally controlled the statutory choice of a jury for capital sentencing, and that the challenged sentencing instructions and prosecutorial remarks did not constitute reversible error. The court also rejected his constitutional challenge to the death-penalty statute under the principles governing jury findings and aggravating factors. Justice Kilbride, dissenting, would have vacated the death sentence and ordered a new sentencing hearing because the no-death instruction was confusing and legally inaccurate.