Wave goodbye to ‘shared intent’

Forensic Consult

By David J. Robinson

David J. Robinson is a lawyer, adjunct professor, author and 4th District deputy director at the state’s attorneys appellate prosecutor.

Posted August 20, 2014 3:13 PM

The Illinois Appellate Court recently eliminated all doubt about whether the common-design rule has a “shared-intent” requirement: It does not. Accordingly, those practitioners who continue to advance such an argument — and members of the judiciary who are convinced by it — should prepare for the worst. In People v. Phillips, 2014 IL App (4th) 120695, a united panel of the 4th District Appellate Court rejected Demetrice Phillips’ claim that the state failed to prove, as required, that …

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