People v. Redmon

Defendant was indicted on six charges relating to the alleged sexual abuse of minors, including sexual assault and permitting the sexual abuse of a child. The appellate court found the language of section 11-9.1A(f) of the Criminal Code, which establishes the offense of permitting the sexual abuse of a child, was clear and unambiguous and reversed defendant’s conviction on that count outright because the person alleged to have committed the sexual abuse was not charged, as was required by the plain language of the statute. The court also found with regard to another count that defendant was denied the effective assistance of counsel because counsel did not file a motion to dismiss when the trial took place more than 120 days after the defendant was arrested and taken into custody. The court noted that the count at issue was added after the defendant’s arrest, but the motion would have been successful because the charge was subject to the compulsory joinder rule. Finally, the court found that defendant was denied her due process right to a fair trial on one of the remaining counts, reversed that conviction, and remanded for a new trial on that count only. (HAUPTMAN and MCDADE, concurring)