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205 Ill. 2d 349

793 N.E.2d 552

People v. Davis

Illinois Supreme Court

Decided February 22, 2002

Illinois Supreme Court · decided 2002-02-22

Relies on 185 Ill. 2d 179 - People v. Bull · 179 Ill. 2d 205 - People v. Caballero · 204 Ill. 2d 536 - People v. Simpson

Good law ✅— No negative treatment on recordhow we know

Decided 2002-02-22

How this case has been cited

Cited by 37 later decisions (2 by the Supreme Court) — most recently March 2026 · most notably 239 Ill. 2d 342 - People v. Ramsey (2010), 237 Ill. 2d 154 - People v. Banks (2010)

35 state decisions

280200220102020decided

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,

¶1dissenting:

¶2When this matter was last before the court, I did not take issue with the validity of Davis’ convictions. People v. Davis, 185 Ill. 2d 317, 352 (1998) (Harrison, C.J., concurring in part and dissenting in part). My view has now changed. During the pendency of Davis’ appeal, our court adopted a comprehensive set of new rules governing the conduct of cases in which the State is seeking the death penalty. For the reasons set forth in my dissenting opinion in People v. Hickey, 204 Ill. 2d 585, 631-36 (2001) (Harrison, C.J., dissenting), the procedures contained in those rules are indispensable for achieving an accurate determination of innocence or guilt and are applicable to all capital cases now coming before us. Because Davis was tried, convicted and sentenced without the benefit of the new rules, his convictions and death sentence should be vacated, and the cause should be remanded to the circuit court for a new trial.

¶3Even if Davis were not entitled to the benefit of the new rules, his sentence of death could not stand. As I wrote when this matter was last before us, and for the reasons set forth in my partial concurrence and partial dissent in People v. Bull, 185 Ill. 2d 179 (1998), the Illinois death penalty law is void and unenforceable because it 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). Absent the new rules, there is no basis for altering that conclusion. At a minimum, Davis’ sentence of death should therefore be vacated, and he should be sentenced to a term of imprisonment. 720 ILCS 5/9 — l(j) (West 1994).

JUSTICE KILBRIDE,

¶4also dissenting:

¶5For the reasons set forth in my dissents in People v. Hickey, 204 Ill. 2d 585, 636-40 (2001) (Kilbride, J., dissenting), and People v. Simpson, 204 Ill. 2d 536, 581-85 (2001) (Kilbride, J., dissenting), I believe this cause should be remanded for a new trial conducted in compliance with the new rules governing capital cases. As I stated in my dissents, the procedures in capital cases prior to this court’s adoption of the new rules were inherently unreliable and did not sufficiently protect a defendant’s constitutional rights. For this reason, I believe that the new rules should be applied retroactively. See People v. Caballero, 179 Ill. 2d 205, 220-21 (1997). Therefore, I respectfully dissent.

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