People v. Cearlock

State: Illinois

Court: 5th District Appellate

Docket No: 5-06-0588 Rel

Case Date: 04/29/2008

Preview:NO. 5-06-0588
N O T IC E Decision filed 04/29/08. The text of this dec ision m ay b e changed or corrected prior to the P e t i ti o n for filing of a or the

IN THE APPELLATE COURT OF ILLINOIS

Re hea ring

FIFTH DISTRICT ________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) St. Clair County. ) v. ) No. 05-CF-1094 ) JON E. CEARLOCK, ) Honorable ) John Baricevic, Defendant-Appellant. ) Judge, presiding. ________________________________________________________________________ PRESIDING JUSTICE STEWART delivered the opinion of the court: The defendant, Jon E. Cearlock, was tried before a jury on charges of first-degree murder (720 ILCS 5/9-1(a)(1) (West 2004)) and concealment of a homicidal death (720 ILCS 5/9-3.1(a) (West 2004)). After the jury announced that it was deadlocked, the trial court declared a mistrial and discharged the jury. The defendant later filed a motion to bar further prosecution, alleging that juror misconduct resulted in a denial of his constitutional right to a trial before an impartial jury (Ill. Const. 1970, art. I,

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