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193 Ill. 2d 256

738 N.E.2d 500

People v. Fair

Illinois Supreme Court

Decided September 28, 2000

Illinois Supreme Court · decided 2000-09-28

Relies on 185 Ill. 2d 179 - People v. Bull

Good law ✅— No negative treatment on recordhow we know

Decided 2000-09-28

How this case has been cited

Cited by 90 later decisions — most recently July 2025 · most notably 227 Ill. 2d 322 - People v. Deleon (2008), 215 Ill. 2d 317 - People v. Ward (2005)

3 federal appellate · 84 state decisions

490200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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CHIEF JUSTICE HARRISON,

¶1specially concurring:

¶2I agree with the result reached by the majority in this case. The circuit court should not have denied Fair’s discovery request. Fair is entitled to find and present whatever evidence there may be to establish that Judge Foxgrover’s criminal conduct had an effect on his impartiality at Fair’s trial.

¶3I write separately because I would go beyond the majority’s holding and declare this state’s death penalty law unconstitutional. For the reasons set forth in my partial concurrence and partial dissent in People v. Bull, 185 Ill. 2d 179 (1998), the law violates the eighth and fourteenth amendments to the United States Constitution (U.S. Const., amends. VIII, XIV) and article I, section 2, of the Illinois Constitution (Ill. Const. 1970, art. I, § 2). It is therefore void and unenforceable. Under these circumstances, Fair’s death sentence should not be allowed to stand regardless of the outcome of the proceedings on remand. Even if Fair’s post-conviction claims prove unfounded, his sentence of death should be vacated and he should be sentenced to a term of imprisonment. Ill. Rev. Stat. 1987, ch. 38, par. 9 — l(j).

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