Defendant, who was charged with multiple offenses including armed robbery, armed violence committed with a dangerous weapon, and home invasion, appealed from a circuit court order granting the State’s petition to deny pretrial release. On appeal, the Office of the State Appellate Defender declined to file a memorandum pursuant to SCR 604(h). The appellate court affirmed, finding that the evidence clearly supported the circuit court’s determination that no set of release conditions could mitigate the threat defendant posed to the victims and the community. The appellate court further instructed that in appeals brought under the Pretrial Fairness Act, appellate attorneys are required to determine whether a defendant’s claims have merit and that counsel cannot file or continue to pursue frivolous appeals or claims within an appeal, which can be accomplished by filing an amended notice of appeal or a SCR 604(h) memorandum. (McLAREN and JORGENSEN, concurring)
Illinois Appellate Court
Criminal Court
Pretrial Fairness Act