Evans v. Dorethy

An Illinois jury convicted Maurice Evans of felony murder based on the felony “mob action,” which led to the death of Daniel McKenzie. Evans argued on direct appeal that the trial court violated his Sixth Amendment right to have a jury determine every factual element required for conviction. He contended that the trial court should have.allowed the jury to determine whether the underlying offense of mob action had a felonious purpose independent of the killing. The last state court to address this issue concluded that the trial court “adequately apprised” the jury. Evans renewed his claim in…