People v. Post

Defendant, who was charged with three counts of predatory criminal sexual assault of a child, was denied pretrial release. Defendant sought review of his pretrial detention and the trial court determined that his continued detention was necessary to avoid the real and present threat that he posed. On appeal, defendant asked the Illinois Supreme Court to define the proper standard of review for orders appealed from continued detention hearings and to find the appellate court erred when it affirmed the circuit court’s order that he remain in pretrial detention. The Illinois Supreme Court affirmed, finding that a circuit court’s order regarding continued detention will not be disturbed on review unless found to be contrary to the manifest weight of the evidence and that in this case the trial court’s determination was not unreasonable, arbitrary, or not based on the evidence presented. (CUNNINGHAM, O’BRIEN, and TAILOR, concurring and NEVILLE, OVERSTREET, and ROCHFORD, specially concurring)