People v. Lacy

Illinois Supreme Court
Criminal Court
Citation
Case Number: 
2013 IL 113216
Decision Date: 
July 11, 2013
District: 
5th Dist.
Division/County: 
Jackson Co.
Justice: 
BURKE
Holding: 
Appellate court reversed.
Section 103-5(c) of Speedy Trial Act does not permit an unlimited number of continuances, and restraints on continuances prevent State from using statute to create unnecessary delay. That section contains sufficiently defined period of time to serve purpose of right to speedy trial Explicit limit of 60 days for permitted continuance, with extension of time allowed for evidence being sought providing for only one continuance to obtain an item of material evidence. Thus, State was entitled to seek one continuance of no more than 60 days to obtain testimony of one witness, and to seek a second continuance of not more than 60 days to obtain testimony of office, as that testimony constituted different evidence. (KILBRIDE, FREEMAN, THOMAS, and KARMEIER, concurring; GARMAN and THEIS, dissenting.)