People v. Bailey
2013 IL 113690
| Ill. | 2013Background
- Bailey charged with first-degree murder, home invasion, and robbery in the death of 80-year-old Robert Winter; defendant elected the trial court, not a jury, to determine death-penalty eligibility; jury returned a general verdict on murder without separate felony-murder verdict forms; Bailey was sentenced to natural life, plus terms for the felonies.
- Crime scene and physical evidence showed no forced entry; victim tied with electrical cord and died of manual and ligature strangulation; Bailey’s prints matched the scene and a car belonging to Winter was found nearby.
- Defendant’s statements varied: initial denial, then alternate accounts; he asserted that he found items and did not intend to kill.
- Trial court denied Bailey’s request for separate felony-murder verdict forms; the defense argued such forms were necessary to clarify intent/knowledge and potential sentencing consequences.
- The appellate court vacated part of the judgment, but Bailey ultimately challenged whether the lack of separate verdict forms affected death-eligibility and sentencing.
- The Supreme Court resolved whether denial of separate verdict forms was harmless or reversible error and how Smith should apply when eligibility is determined by the trial court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was denial of separate felony-murder verdict forms error under Smith? | Bailey | Bailey | Yes; error under Smith; requires remand for proper sentencing |
| Did the trial court properly find death-eligibility under 9-1(b)(6) or 9-1(b)(16)? | State | Bailey | Not supported for 9-1(b)(16); Bailey not properly death-eligible; life sentence not permitted under 5-8-1(a)(1)(b) |
| Does Smith apply when the trial court, not the jury, determines eligibility? | State | Bailey | Yes; Smith applies; requires relief to remedy verdict-form error |
| What is the proper remedy for a Smith violation? | State | Bailey | Vacate life sentence; remand for resentencing within 5-8-1(a) range; interpret general verdict as felony-murder finding and acquittal of intentional/knowing murder |
Key Cases Cited
- People v. Smith, 233 Ill. 2d 1 (Ill. 2009) (establishes when specific verdict forms are required due to differing sentencing consequences)
- Beck v. Alabama, 447 U.S. 625 (U.S. 1980) (right to a third option of lesser-included offense in capital cases)
- Bullington v. Missouri, 451 U.S. 430 (U.S. 1981) (double jeopardy rule; cannot re-seek death after acquittal on necessary element of death)
- Hopper v. Evans, 456 U.S. 605 (U.S. 1982) (lesser-included offense instructions must be warranted by evidence; jury discretion)
- People v. Tenner, 157 Ill. 2d 341 (Ill. 1993) (distinguishes Beck; separate verdicts not always required; framework for Smith jurisprudence)
- Schad v. Arizona, 501 U.S. 624 (U.S. 1991) (general verdicts do not require unanimity on theory of murder)