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 (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

Question Presented (from Petition)

QUESTION PRESENTED The question presented, on which lower state and federal courts are openly divided, is: 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. i LIST OF ALL PROCEEDINGS The following proceedings are directly related to this case within the meaning of Rule 14.1(b) Gil): : People v. Avendano, 226 N.E.3d 32 (Table). Docket No. 1380037, Supreme Court of Illinois. Order denying petition for leave to appeal, entered January 24, 2024. . People v. Avendano, 2023 IL App (2d) 220176. Docket No. 2-22-0176, Appellate Court of Illinois, Second District. Opinion and order affirming judgment below, entered September 12, 2023. Modified opinion entered October 6, 2023. . People v. Avendano, No. 18-CF-516, Circuit Court of the Sixteenth Judicial Circuit, Kane County, Illinois. Judgment of conviction entered May 17, 2022. ii

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