People v. Smith

Defendant appealed from a trial court order detaining him prior to trial on charges of armed violence and first-degree murder. Defendant argued on appeal that the trial court erred by accepting the State’s proffered evidence and rejecting his proffered evidence that his use of deadly force may have been justified. The appellate court affirmed, rejecting defendant’s argument that the appellate court should require the trial court to accept the defendant’s version of events and explaining that the presumption of innocence has no application as to the determination of the rights of a pretrial detainee. (JORGENSEN and KENNEDY, concurring)