Illinois Supreme Court PLAs
Criminal Court
Fitness
This case presents question as to whether trial court in fitness restoration proceeding properly found that defendant was unfit to stand trial (and that it was not reasonably probable that defendant would be fit to stand trial within one year), where defendant was unable to recall events surrounding incidents leading to charges of home invasion and aggravated unlawful restraint in view of fact that defendant had incurred brain damage resulting from self-inflicted gunshot wound. Appellate Court, in affirming trial court, held that defendant’s inability to recall anything that occurred within 48 hours leading up to events at issue in case supported trial court’s conclusion that defendant was not fit to stand trial given emphasis in applicable statute that defendant be able to recall and relate to counsel events at issue in charged offense. In its petition for leave to appeal, state argued that defendant’s inability to recollect events on day of charged offenses due to amnesia or brain injury did not, by itself, support finding that defendant was unfit to stand trial.