No. 23-7242

Juan Avendano v. Illinois

Lower Court: Illinois
Docketed: 2024-04-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-indictment criminal-procedure double-jeopardy due-process fifth-amendment jury-instructions jury-verdict statutory-interpretation statutory-offense
Key Terms:
FifthAmendment DueProcess
Latest Conference: 2024-05-30
Question Presented (from Petition)

Whether a defendant's rights under the Double Jeopardy Clause of the Fifth Amendment are violated when the prosecution brings multiple, factually identical counts of the same statutory offense using carbon-copy indictments, presents general allegations at trial, and then provides indistinguishable sets of verdict forms to the jury, compelling the jury to either issue irreconcilable verdicts or convict in an "all or nothing" manner.

Question Presented (AI Summary)

Whether a defendant's rights under the Double Jeopardy Clause are violated by multiple, factually identical counts of the same statutory offense using carbon-copy indictments

Docket Entries

2024-06-03
Petition DENIED.
2024-05-15
DISTRIBUTED for Conference of 5/30/2024.
2024-05-08
Waiver of right of respondent Illinois to respond filed.
2024-04-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 17, 2024)

Attorneys

Illinois
Katherine Marie DoerschOffice of the Illinois Attorney General, Respondent
Juan Avendano
Christopher Michael McCoyOffice of the State Appellate Defender, Petitioner