People v. Rogers

Illinois Supreme Court PLAs
Criminal Court
Ineffective Assistance of Counsel
Citation
PLA issue Date: 
September 30, 2020
Docket Number: 
No. 126163
District: 
3rd Dist.

This case presents question as to whether defendant’s trial counsel was ineffective, where counsel failed to assert speedy trial violation based on state’s failure to proceed to trial within 160 days of defendant’s trial demand. Appellate Court, in reversing defendant’s conviction, found that defendant’s two DUI charges were subject to compulsory joinder rule that triggered speedy trial term as of date when defendant was brought into custody on initial DUI charge, where arresting officer had sufficient knowledge of both offenses on date officer had charged defendant with initial DUI offense and filed complaint on said charge, and where police officer was “proper prosecuting officer.” In its petition for leave to appeal, State argued that compulsory joinder rule did not apply because instant officer filing charge by uniform citation is not “proper prosecuting officer,” and that because compulsory joinder rule did not apply, there was no speedy trial violation.