Legal Opinion

People v. Porter

Appellate Court of Illinois

Decided October 9, 1992No. 1—92—1388Published

1Opinion of the CourtJustice Murray

On February 20, 1992, the trial court allowed the defendant’s motion to dismiss based upon double jeopardy grounds. The State filed a motion to reconsider, and that motion was subsequently denied. The State filed this timely appeal. The facts are as follows.

On October 18, 1988, the defendant, Derrick Porter (Porter) was convicted of the murder of Willie Bibbs by a jury requested by the State. On June 6, 1990, this court reversed the conviction following the State’s confession of error pursuant to the Illinois Supreme Court’s decision in People ex rel. Daley v. Joyce (1988), 126 Ill. 2d 209,…

2Cases cited21 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. North Carolina v. PearceSupreme Court of the United States · 1969
  3. Ashe v. SwensonSupreme Court of the United States · 1970
  4. Tibbs v. FloridaSupreme Court of the United States · 1982
  5. United States v. TurketteSupreme Court of the United States · 1981

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