Speedy Trial

People v. Zakarauskas

People v. Zakarauskas
Illinois Appellate Court
Criminal Court
Speedy Trial
Citation
Case Number: 
No. 1-07-3263
Decision Date: 
Friday, February 26, 2010
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Reversed and remanded.
Justice: 
CAHILL
Speedy trial statute's 2000 amendment requires that Defendant on bond waives his speedy trial demand if he fails to appear for a court date, and thus distinguishes failure to appear in court from other types of delay. Failure to appear is thus waiver of speedy trial demand, rather than only temporary suspension of it.

U.S. v. Napadow

Federal 7th Circuit Court
U.S. v. Napadow
Criminal Court
Speedy Trial
Citation
Case Number: 
No. 09-1920
Decision Date: 
February 23, 2010
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
In prosecution on wire and mail fraud charges, Dist. Ct. did not err in denying defendant's motion to dismiss his indictment based on alleged Speedy Trial violation stemming from two delays caused by time set aside for filing pretrial motions and for preparing for trial. First delay could not be counted for speedy trial purposes under pretrial motion exclusion set forth in section 3161(h)(1)(D), even though no pretrial motions had actually been filed, and second continuance to prepare for trial was also excludable under ends-of-justice exclusion set forth in section 3161(h)(7)(A)) where defense counsel indicated that he was not ready for trial at earlier suggested date.