People v. McCarthy

This case comes to this court on remand from the Illinois Supreme Court.1 In the initial appeal in this case we reversed McCarthy’s conviction and 34-year sentence for murder and remanded for a new trial based on our finding that the trial court erred by failing to instruct the jury on the lesser included offense of voluntary manslaughter. (People v. McCarthy (1989), 181 Ill. App. 3d 208, 213-14, 536 N.E.2d 917.) Although McCarthy’s initial appeal also questioned the adequacy of his trial counsel, this court did not reach that issue, having found that the trial court’s refusal to give the…