People v. Coan

Illinois Appellate Court
Criminal Court
Sexually Dangerous Persons Act
Citation
Case Number: 
2016 IL App (2d) 151036
Decision Date: 
Wednesday, June 29, 2016
District: 
2d Dist.
Division/County: 
DeKalb Co.
Holding: 
Reversed and remanded.
Justice: 
ZENOFF

Defendant was adjudicated a sexually dangerous person in 1998, and in 2012 filed application for recovery. Jury finding that Defendant was still a sexually dangerous person. Court erred in giving IPI Civil 21.01 to define State's burden of proof, as it incorrectly defined State's burden of proof as preponderance of the evidence standard rather than the clear and convincing evidence standard. Defendant was deprived of a fair trail as the given instruction defined State's burden of proof as a lesser burden than what was required in recovery hearing under the Sexually Dangerous Persons Act. (McLAREN and HUDSON, concurring.)