Summary
The Illinois Supreme Court held that section 103-5(c) of the Illinois speedy-trial statute permits one continuance of up to 60 days for each specific item of material evidence, rather than a single 60-day total limit. The court reversed the circuit and appellate court judgments dismissing the charges and remanded for further proceedings.
Holdings
- Section 103-5(c) permits one continuance of not more than 60 days for each distinct item of material evidence the State seeks to obtain, provided the statutory conditions are satisfied; it does not impose a single aggregate 60-day limit for all material evidence.
- The State was entitled to seek one continuance of not more than 60 days to obtain Pope's testimony and a separate continuance of not more than 60 days to obtain Reamy's testimony because the witnesses supplied different material evidence.
- The interpretation allowing separate 60-day continuances for distinct material evidence is sufficiently definite to implement the constitutional right to a speedy trial.
Questions Presented
- Whether section 103-5(c) of the Illinois speedy-trial statute permits the State to obtain separate continuances of not more than 60 days each when different items of material evidence become unavailable at different times.
- Whether section 103-5(c) limits the State to a total of 60 days of continuance regardless of the number of unavailable witnesses or items of material evidence.
- Whether the continuances granted to obtain the testimony of Rebecca Pope and Officer Reamy violated the statutory or constitutional right to a speedy trial.
Disposition
reversed_and_remanded
Cases Cited (6)
- Mattis v. State Universities Retirement System, 212 Ill. 2d 58, 76 (2004)(followed)
- Barker v. Wingo, 407 U.S. 514, 530-31 (1972)(followed)
- People v. Crane, 195 Ill. 2d 42, 46-48 (2001)(followed)
- People v. Sandoval, 236 Ill. 2d 57, 67 (2010)(followed)
- People v. Staten, 159 Ill. 2d 419, 426-27 (1994)(followed)
- Reda v. Advocate Health Care, 199 Ill. 2d 47, 55 (2002)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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