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The order said lawyers on both sides of
each case have 30 days to file any motions they deem appropriate in
the wake of Mr. Ryan's commutations. The motions may include, but
are not limited to, whether the Supreme Court would have continued
jurisdiction in the matters.
Under the Illinois Constitution, cases
in which the death penalty is imposed are appealed directly from the
Circuit Court to the Supreme Court as a matter of right. Typically,
the appeals also concern issues other than sentence.
The orders issued in the individual
cases Wednesday are similar to an order the court issued Jan. 14 in
the death-penalty case of Gabriel Solache. Oral argument in the case
was scheduled that morning before the Supreme Court. After meeting
in conference, however, the court issued an order from the bench
giving attorneys in both sides of the case 30 days from that day to
file whatever motions they deem appropriate in light of former Gov.
Ryan's commutations.
The 54 cases
before the court include the Solace case. They include 14 cases
which had been argued and are under advisement by the court, six
cases on the re-hearing docket, 28 cases which were in various
stages of being briefed by the lawyers in advance of oral argument
and six other cases in which briefing has been stayed for various
reasons.
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