People v. Whitaker

Defendant, who was charged with aggravated vehicular hijacking, appealed from the trial court’s grant of the State’s petition for pretrial detention under the Pre-Trial Fairness Act. The appellate court affirmed, finding that the trial court did not err when it found clear and convincing evidence that the defendant committed a detainable offense and in finding that the defendant posed a real and present threat to any person or persons or the community. The appellate court also engaged in a lengthy discussion of the proper standard of review for appeals brought under the Pre-Trial Fairness Act and concluded a two-step approach was proper. (HOWSE, concurring and ELLIS, specially concurring)