People v. Cousins

Defendant appealed from an order denying him pretrial release, arguing that when a court of review finds that the State failed to meet its burden of proof as to one of the elements pertaining to pretrial detention, the sole remedy is to remand for a hearing on the least restrictive conditions of release. The supreme court affirmed in part and reversed in part, agreeing with defendant that where the State fails to satisfy its burden the remedy is to remand for a hearing on the conditions of release. (THEIS, NEVILLE, OVERSTREET, CUNNINGHAM, ROCHFORD, and O’BRIEN, concurring)