People v. Dockery

State: Illinois

Docket No: 107555 Rel

Case Date: 10/08/2009

Preview:Docket No. 107555.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

THE PEOPLE OF THE STATE OF ILLINOIS ex rel. JOSEPH E. BIRKETT, State's Attorney of Du Page County, Petitioner, v. HON. PETER J. DOCKERY, Judge of the 18th Judicial Circuit, et al., Respondents. Opinion filed October 8, 2009.

JUSTICE FREEMAN delivered the judgment of the court, with opinion. Chief Justice Fitzgerald and Justices Thomas, Kilbride, Garman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION Pursuant to Supreme Court Rule 381(a) (188 Ill. 2d R. 381(a)), the State's Attorney of Du Page County successfully moved for leave to file a complaint seeking a writ of mandamus in this court. The State seeks to compel respondent, Honorable Peter J. Dockery, judge of the circuit court of Du Page County (the court), to vacate his order granting defendant William Krolik's motion for trial before a jury of six members and to try this case before a jury of 12. For the reasons that follow, we deny the writ of mandamus.

BACKGROUND Defendant was charged by indictment with one count of attempted home invasion (720 ILCS 5/8

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