Thursday, February 4, 2010

Speedy Trial Act - Illinois

Ill App - Criminal - Speedy Trial Act / Objections
People v. Hampton, No. 2-08-0368 (2d Dist. Sept. 18, 2009, corrected Sept. 28, 2009) O'MALLEY (Kane Co.) Reversed and remanded.
Speedy Trial Act is not to be used as a sword to avoid threat of conviction; even where defense counsel made general objection to State's motion for trial continuance, defense counsel should have raised specific objection to proposed trial date beyond 120-day deadline. Defense counsel proposed such date, although trial court had offered to move trial date earlier. Time calculations for Speedy Trial Act commence on date a defendant is taken into custody, not on date request for speedy trial is made or on date objection to continuance is made.

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