Hooper v. Ryan, et al

Filing 76

MOTION by Petitioner Murray Hooper for judgment (Attachments: # 1 Exhibit State Notice Declining Evidentiary Hearing, # 2 Exhibit Indictment, # 3 Exhibit Judgment and Order, # 4 Exhibit Order of Sentence and Commitment, # 5 Exhibit 9 23 1981 Hearing Tr., # 6 Exhibit Order of Sentence and Commitment, # 7 Exhibit Postconviction Opinion and Order)(Love, Nathaniel)

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EXHIBIT 3 STATE OF ILLINOIS) ) COUNTY OF C O 0 K) 8 .,0 SS. 1 IN THE CIRCUIT COURT OF COOK COUNTY CRIMINAL DIVISION-COUNTY DEPARTMENT PEOPLE OF TEIE STATE OF ILLINOIS vs. MURRAY HOOPER ) ) ) ) ) ) ) IMDICTMEMT NO. wm 81-1204 JUDOyENT AISD EXECUTION ORDER THIS DAY came the People of the State of Illinois, by RICHARD M. DALEY, State's Attorney of Cook County, Illinois, by GREGG OWEN and .MICHAEL GOGGIN, Assistant State's Attorneys, and also comes the defendant, MURRAY HOOPER, in his proper person, as v/ell as by TOM PETTERS, his attorney. AND NOW it appears to the Court that on the 24th day of August, 1981 the Jury returned findings that the defendant MURRAY HOOPER was guilty of the offenses of the murder, armed robbery, and aggravated kidnapping of R.C. PETTIGREW, the murder, armed robbery and aggravated kidnapping of FREDRICK LACEY, and the murder, armed robbery, and aggravated kidnapping of RICHARD HOLLIMAN in the manner and form as charged in the indictment. AND IT FURTHER APPEARS to the Coxort that this cause came on to be heard before a sentencing Jury on the 25th day of August, 1981, and the jury having heard the evidence and arguments of counsel has found gtrr -2- t±iat the defendant at the time of the offenses had attained the age of 18 or more years and had also found one of the aggravating factors set forth in si±)section (b), chapter 38, Section 9-1 (b), Illinois Revised Statutes to exist; and the jury having considered the factors in aggravation and mitigation which are relevant to the inposition of the death penalty and having foiond no mitigation factor sufficient to preclude the imposition of the death sentence has recommended a sentence of death of the defendant, MURRAY HOOPER, on Indictment Number 81-1204 for the miorders of R.C, PETTIGREW, FREDRICK LACEY, AND RICHAE^ HOLLIIMN. AND IT FURTHER APPEARS to the co\irt having presided over the hearing in aggravation and mitigation and considered the factors in aggravation and mitigation which are relevant to the imposition of the death penalty and having found no mitigation factor sufficient to preclude the imposition of the death sentence does sentence ] ' I I \ HOOPER to be put to death :OE?Y and executed by electrocution for the murders of R.C. PETTIGRE>7, FREDRICK LACEY, and RICHARD HOLLimN under Indictment No. 81-1204. IT IS ORDERED AND ADJUDGED by the Court that the defendant, MURRAY HOOPER, be and he is hereby ccsmmitted to the custody of the Sheriff of Cook County, Illinois, to be taken from the bar of this Court to the County Jail of Cook County, Illinois, frcm whence he came and thereafter to be transported by the Sheriff of Cook Coianty to the Illinois State Penitentiary at Joliet, Will County, Illinois, and there by turned over to the Warden of/*he Illinois State Penitentiary in safe and secure custody until ^ ^J ^ p. . 4, •'/ h J . , 1981, and that said defendant, MURRZff HOOPER on that day at the Illinois Department -3- of Corrections shall be put to death and executed by electrocution. The Warden of the Penitentiary shall supervise such execution which shall be conducted in the presence of two (2) physicians and six (6) other witnesses vrho shall certify the execution of the sentence which certification shall be filed with the Clerk of the Court which iitposed the sentence. IT IS FURTHER ORDERED BY T f i COUKT THAT THE EXECUTION OF THE Ef SENTENCE OF DEATH IMPOSED UPON MURRAY HOOPER, THE DEFEblDANT, BE MID THE SAME IS HEREBY STAYED UNTIL FINAL ORDER BY THE SUPRHNIE COURT OF THE STATE OF ILLINOIS. Now, at this time, the Court ftilly advises said defendant, MUERAY HOOPER, that an appeal to the Illinois Supretre Court is automatically perfected without any action by the defendant or his counsel, and, that if he is indigent, he has a right to be furnished without cost to him, a transcript of the proceedings at his trial and with counsel on appeal. E N T E f •W R; JUDGE THfeS fiALONEY JUDGE OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS DATED:

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