Recently, a jury found that Brian Duganshould be sentenced to death for kidnapping, rape and murder of a female victim in 1983. While many people find the jury verdict to be the end of the Dugan story, it is not. Criminal defendants are entitled to appeal if there was an error in the trial court.
Criminal defendants who are sentenced to death, and those who receive lesser sentences for less serious and nonviolent crimes, have a common right to appeal. However, in a death sentence case, the appeals are often lengthier given the ultimate severity of the sentence.
The specific issues that Dugan will raise on appeal are not yet known. His criminal defense attorneys and appellate attorneys will represent him and likely argue that an error by the trial court should prevent Dugan from receiving the death sentence.
Currently there is a moratorium on the death penalty in Illinois and there is no indication that the death penalty will be reinstated any time soon. In the meantime Dugan and other Illinois death row inmates will remain on death row until their appeals are successful or they have exhausted their right to an appeal and the death penalty is enacted.
If you or a loved one has been charged with any kind of crime in Illinois then it is important to contact an experienced Illinois criminal defense attorney as soon as possible. Do not count on your right to an appeal to prove that you are not guilty. It is important to have an experienced defense team on your side from the beginning of your case.
