Court properly dismissed case for violations of Defendant's right to a speedy trial.There was a delay of more than a year between date Defendant was arrested and detained on original charges and date of his indictment on same charges. There was a delay of almost a year between dismissal of original charges and filing of bill of indictment on same charges. Restraints on Defendant's liberty triggered protections of speedy-trial provision of 6th amendment.State offered no explanation to justify delay. Length of delay was presumptively prejudicial; defendant attempted to request speedy trial and disposition of charges; and Defendant made affirmative showing of actual prejudice as he endured lengthy incarceration.(GOLDENHERSH and CHAPMAN, concurring.)
Illinois Appellate Court
Criminal Court
Speedy Trial