People v. Neal

The issue in this appeal is whether the defendant, Johnny Neal, Jr., is entitled to relief under the Post-Conviction Hearing Act (725 ILCS 5/122 — 1 et seq. (West 1994)) or the habeas corpus provisions of the Code of Civil Procedure (735 ILCS 5/10 — 101 et seq. (West 1994)) on the grounds that he was convicted of murder and armed robbery and sentenced to death without having first received a fitness hearing under section 104 — 21(a) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1983, ch. 38, par. 104 — 21(a)). Citing this court’s decisions in People v. Brandon, 162 Ill. 2d 450…