People v. Higgenbotham

Defendant waived her prior speedy trial demands when she failed to appear in courtor communicate with her counsel at two subsequent hearings. Thus, as speedy trial term had not expired, court erred in granting Defendant's motion to dismiss on speedy trial grounds. A delay occasioned by a defendant, if for health reasons, hospitalization, or other physical incapacity, merely tolls speedy trial term, as of date when court is presented with documentation of illness or physical incapacity, and resumes when incapacity is removed. (LAVIN and STERBA, concurring.)