People v. Mikolaitis

Defendant, who was charged with attempted first degree murder and aggravated battery, appealed from a pretrial detention order entered by the trial court arguing that the State failed to prove by clear and convincing evidence that no condition or set of conditions could mitigate any threat he posed. The appellate court affirmed, finding that the trial court did not err when it found that the defendant’s failure to follow his doctor’s directives regarding treatment for mental health issues indicated that the defendant was not likely to follow any conditions placed on him by the court. (BRENNAN, specially concurring and McDADE, dissenting)