Daley v. Hett

Plaintiff in these original proceedings, Richard M. Daley, State's Attorney of Cook County, filed three separate motions for leave to file complaints for writs of mandamus or writs of prohibition under Supreme Court Rule 381 (87 Ill.2d R. 381). The motions seek, in the alternative, supervisory orders under Supreme Court Rule 383 (94 Ill.2d R. 383). The nominal defendants are Philip J. Carey and Thomas A. Hett, judges of the circuit court of Cook County. We granted plaintiff's motions and subsequently consolidated the three proceedings upon finding that each presented the same issues. Each case presents two interrelated questions. Can the trial judge, prior to the commencement of trial in a capital case, accept a defendant's waiver of a sentencing jury; and, if so, does he have the discretion to preclude the State from questioning prospective jurors on their views concerning imposition of the death penalty? We find the answers to both questions to be in the affirmative.