People v. Brusaw

Appeal involving the question of whether a motion for substitution of judge brought under section 114-5(a) of the Code of Civil Procedure was subject to the common-law rule holding that, when a motion is filed in the trial court but never ruled on, it is presumed to have been abandoned or waived by the movant. The appellate court held that a motion under section 114-5(a) is not subject to the rule but the Supreme Court reversed, holding that the common-law rule of abandonment or waiver applies to motions for substitution of judge. (THEIS, NEVILLE, OVERSTREET, HOLDER WHITE, and ROCHFORD, concurring. O’BRIEN took no part.)