People v. Delaney

The State appealed from a trial court order granting defendant pretrial release, arguing that the trial court applied the incorrect definition for a forcible felony. The appellate court reversed and remanded, finding that the trial court erred when it interpreted the residual forcible felony clause to require the State to prove that defendant contemplated and was willing to use force necessary to cause great bodily harm, permanent disability, or disfigurement. The appellate court further explained that under its interpretation a forcible felony occurs only when the circumstances of a particular case show that the defendant actually threatened or inflicted great bodily harm, permanent disability, or disfigurement. (BARBERIS and BOIE, concurring)