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People v. Buss (Ill. S.Ct.)

Docket No. 81911-Agenda 2-November 1998.

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. TIMOTHY D. BUSS, Appellant.

Opinion filed April 15, 1999.

JUSTICE McMORROW delivered the opinion of the court:

In connection with the August 7, 1995, disappearance and murder of Christopher Meyer, defendant, Timothy D. Buss, was indicted on six counts of first degree murder, three counts of aggravated kidnaping, and one count of aggravated unlawful restraint. Following a trial in the circuit court of Will County, a jury found defendant guilty of all of these charges. The same jury determined that defendant was eligible for the death penalty. After hearing evidence in aggravation and mitigation, the jury found that there were no mitigating factors sufficient to preclude the imposition of the death penalty. The circuit court sentenced defendant to death for first degree murder and imposed sentences of 30 years' imprisonment and 5 years' imprisonment for aggravated kidnaping and aggravated unlawful restraint, respectively.

On appeal, defendant argues that this court must grant him a new trial and capital sentencing hearing because of errors relating to voir dire, the denial of his pretrial motion to quash arrest and suppress evidence, errors that occurred at trial, and errors at both stages of the sentencing hearing. Defendant's death sentence has been stayed pending direct review by this court. Ill. Const. 1970, art. VI,