People v. Davis

The defendant, Girvies Davis, was convicted of murder and sentenced to death. On appeal, this court affirmed the conviction but, because of errors that had occurred at the sentencing hearing, vacated the death sentence and remanded the cause for further proceedings. (97 Ill. 2d 1.) In advance of a second capital sentencing hearing the defendant raised the objection, on grounds of double jeopardy, that the State was precluded from attempting to obtain a death sentence a second time for the same conviction. The trial judge denied a motion to dismiss the capital sentencing proceedings, and the…