People v. Mooney, 2019 IL App (3d) 150607 (March). Episode 599 (Duration 9:21)
Agreeing to continuance was ineffective, outright reversal is the only remedy.
[Read more…]Williams Rule Modified A Bit Here
People v. Moffett, 2019 IL App (2d) 180964 (December). Episode 730 (Duration 12:55)
Trial court erred when it granted this motion to dismiss based on a speedy trial violation.
[Read more…]Speedy Trial Differences Between In Custody and Out Of Custody Defendants
People v. Jones, 2018 IL App (1st) 151307 (March). Episode 478 (Duration 11:04)
Defendant didn’t make a clear unequivocal demand for trial so it counts as a date by agreement.
[Read more…]DUI Dismissed After State Trooper Consistently Does Not Come To Court
People v. Connors, 2017 IL App (1st) 162440 (September). Episode 404 (Duration 9:32)
DUI dismissed because prosecutor did not show due diligence in getting the trooper to court for trial.
[Read more…]Additional Charges Filed More Than 120 Days After The Original Charges Might Be A Violation of Speedy Trial Statute
People v. Dalton, 2017 IL App (3d) 150213 (June). Episode 384 (Duration 5:52)
Defendant was charged with additional sex crimes more than 120 days after his first two original counts were charged.
[Read more…]A Right To A Speedy Trial Includes A Statutory Right And A Constitutional Right
People v. Kilcauski, 2016 IL App (5th) 140526 (August). Episode 241 (Duration 9:02)
Constitutional and statutory speedy trial right violations occurred from these unique facts.
[Read more…]Speedy Trial Violation Occurs Here Where Defendant Was “Held” For Multiple Offenses
People v. Smith, 2016 IL App (3d) 140235 (June). Episode 205 (Duration 7:12)
Conviction for aggravated criminal sexual abuse is reversed to speedy trial violation.
[Read more…]Judge Denies Motion To Continue To Pursue Lynch Material (Case Study in Litigation Decisions)
People v. Gibbs, 2016 IL App (1st) 140785 (June). Episode 202 (Duration 7:56)
Was it error for the judge to deny defendant’s motion to continue the trial so he could build up his Lynch material?
[Read more…]Speedy Trial Right Comes With A Big Pause Button: Generally Any Litigation Started By Defendant Stops The Clock
People v. Lilly, 2016 IL App (3d) 140286 (April). Episode 173 (Duration 7:44)
What happens when defendant demands a trial within 120 days but continues to file motions?
[Read more…]