People v. Williams

JUSTICE HARRISON,

also concurring in part and dissenting in part:

Williams was convicted of first degree murder, attempted murder, and aggravated battery. I agree with the majority that Williams has no basis for challenging those convictions under the Post-Conviction Hearing Act (725 ILCS 5/122 — 1 et seq. (West 1996)). I also believe that we should not disturb the sentences imposed on Williams for attempted murder and aggravated battery. In my view, however, Williams’ death sentence should not be allowed to stand. For the reasons set forth in my dissent in People v. Bull, 185 Ill. 2d 179 (1998), this state’s présent death penalty law does not meet the requirements of the eighth and fourteenth amendments to the United States Constitution (U.S. Const., amends. VIII, XIV) or article I, section 2, of the Illinois Constitution (Ill. Const. 1970, art. I, § 2). Accordingly, we should vacate Williams’ death sentence and remand the cause to the circuit court for imposition of a sentence other than death.