People v. Leavitt

Illinois Appellate Court
Criminal Court
Indictment
Citation
Case Number: 
2014 IL App (1st) 12-1323
Decision Date: 
Friday, November 21, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed and remanded.
Justice: 
REYES
Court improperly entered order dismissing, on statute of limitations grounds, indictment against police officer for official misconduct and aggravated battery of two 15-year-old juvenile detainees. Indictment was properly returned prior to expiration of statutory period, and subsequent sealing of indictment had no impact on date indictment was returned for statute of limitations purposes. State met its burden of providing justification for 12 1/2 month delay between indictment and Defendant's arrest. Balancing of Barker factors shows that Defendant was not deprived of right to speedy trial. (LAMPKIN and ROCHFORD, concurring.)