People v. Muhammad

The Illinois Supreme Court considered the language of the Illinois Torture Inquiry and Relief Commission Act and addressed what evidence is needed to rescind the appointment of a special prosecutor under section 3-9008 of the Counties Code. The circuit court had terminated proceedings under the TIRC Act and denied petitioner’s motion to have the appointment of the special prosecutor rescinded; decisions that the appellate court reversed. The supreme court found that the appellate court properly reversed termination of the TIRC Act proceedings but that it erred when it reversed the circuit court’s denial of petitioner’s motions to rescind the appointment of the special prosecutor. The court explained that the special prosecutor’s position as a supervisor at the time that petitioner was arrested, charged, and prosecuted was not sufficient to establish that he had a conflict of interest. (THEIS, OVERSTREET, CUNNINGHAM, and ROCHFORD, concurring and NEVILLE and O’BRIEN, concurring in part and dissenting in part)