Docket Nos. 104685, 105575 cons.
THE STATE OF ILLINOIS
THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v.
LERATIO SMITH, Appellee.–THE PEOPLE OF THE STATE OF
ILLINOIS, Appellant, v. ADAM TITUS, Appellee.
Opinion filed April 2, 2009.
JUSTICE BURKE delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride,
Garman, and Karmeier concurred in the judgment and opinion.
In the consolidated cases on appeal, we are asked to decide
whether a trial court must provide the jury with separate verdict
forms when a defendant who is charged with multiple counts of
murder based on the various mental states (knowing, intentional, and
felony murder) asks for separate verdict forms.
In the cases at bar, defendants were each charged with
intentional murder, knowing murder, and felony murder, as well as
the felony offenses underlying the felony-murder charges lodged
against them. At their trials, both defendants requested separate
verdict forms for felony murder and the trial courts denied the
requests. In both cases, general verdicts of guilty of first degree
murder were returned and defendants also were found guilty of the