Defendant was charged with 2 counts of murder for death of victim and attempted murder and aggravated battery of a child for injuries to victim's granddaughter. Prior to trial, parties stipulated that if psychiatrist was called as a witness, he would testify that he diagnosed Defendant with a psychiatric mood disorder and concluded that Defendant was not fit to stand trial; court found Defendant unfit to stand trial. At fitness restoration hearing 7 months later, court stated that it would make finding based on stipulation that Defendant was now fit to stand trial. Defendant was convicted of all counts after trial. A retrospective fitness hearing requires same active role of court in assessing Defendant's fitness as an original fitness or restoration hearing; court must make independent evaluation and determination fo fitness. (CARTER and WRIGHT, concurring.)
Illinois Appellate Court
Criminal Court
Fitness