People v. Cross

The Supreme Court considered whether a delay can be attributable to the defense for the purposes of a speedy trial if the defendant’s action did not result in the postponement of a pending trial date. The defendant had argued that the trial court abused its discretion when it attributed a delay to defendant for his delayed disclosure of an alibi defense despite it not resulting in a change of trial date. Defendant also argued his counsel was ineffective for failing to seek dismissal of the charges based on a speedy-trial violation. The supreme court affirmed the judgment of the appellate court, which found that the trial court did not abuse its discretion and that defendant received effective assistance of counsel. The court held that under the plain language of the speedy-trial statute, a delay of the 120-day speedy-trial term can be attributed to the defendant irrespective of whether the delay postponed a date set for trial. (ANNE M. BURKE, MICHAEL J. BURKE, OVERSTREET, and CARTER, concurring. NEVILLE, dissenting. HOLDER WHITE took no part in the decision.)