People v Whitmore

Defendant appealed from a trial court order denying him pretrial release, arguing that the trial court erred when it found that the Pretrial Fairness Act applied to him when he had been ordered to be released on bond prior to the effective date of the Act, that the circuit court erred when it held the State’s petition to deny pretrial release was timely, and that the circuit court abused its discretion in denying pretrial release. The appellate court affirmed, finding that the State may petition for denial of pretrial release for defendants who were ordered released on bond but who were still detained at the time the Act went into effect. The appellate court also found that the State’s petition was timely although it was filed earlier than required under the Act and that the trial court did not abuse its discretion in denying defendant be released prior to trial. (LYLE and NAVARRO, concurring)