People v. Cooper

The trial court denied defendant pretrial release and the appellate court found that the circuit court erred in refusing to strike the State’s petition to deny pretrial release because the circuit court failed to hold a pretrial detention hearing within 48 hours of defendant’s first appearance. The supreme court reversed the appellate court’s judgment, finding that the trial court’s order was not contrary to the purposes of the Pretrial Fairness Act where the pretrial detention hearing was held less than three hours late, defendant did not alert the circuit court that it was required to hold the hearing earlier in the day, and defendant did not allege that he was prejudiced by the delay. (THEIS, NEVILLE, HOLDER WHITE, CUNNINGHAM, ROCHFORD, and O’BRIEN, concurring)