Legal Question in Criminal Law in Illinois
Book Research
I'm writing a mystery novel and I need help with my research. A Chief Medical Examiner becomes interested in a case and feels he has information that can present reasonable doubt in a murder trail in Chicago, IL. My questions: How does the Chief ME get a transcript of the trial where a guilty verdict has been brought in, but the sentencing is pending? Can he ask the defense attorney? If the jury has brought in a guilty verdict how long does it take for sentencing? If new evidence is uncovered on the trial, but the guilty verdict is already handed down, does the case have to be appealed? Can a sixteen year old who is being tried as an adult get the death penalty in Illinois?
1 Answer from Attorneys
Re: Book Research
Regarding the transcript, they are public records that can be ordered from the court reporter office. If there has been no sentence, there has not been judgement entered. This provides several procedural options, including a motion for a new trial, depending upon the manner in which the evidence came to light and why it was unavailable to the defense at trial. Upon motion of the State's Attorney, under certain circumstances a murder with a 16 year old defendant can be transferred to adult criminal court. If you wish to discuss the matter, I can be reached at 630-257-8280. Good luck.
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