People v. Davis

Defendant appealed from a circuit court order detaining him before trial, arguing that the State failed to show that he was a threat to the safety of any person or the community and that no condition or combination of conditions on pretrial release could mitigate that safety risk. Defendant also argued that the circuit court erred during the hearing on his motion for relief by analyzing whether he should continue to be detained rather than address his claims that the State failed to meet its initial burden. The appellate court agreed that the circuit court mistakenly considered his motion for relief as a request to find that his continued detention was no longer necessary, but that the error was harmless because the State made the necessary showings for pretrial detention where defendant had prior convictions and continued to possess a firearm in violation of the law. (ODEN JOHNSON, concurring and WILSON, specially concurring)