# People v. Nichols

> Appellate Court of Illinois · June 14, 1978 · 60 Ill. App. 3d 919

URL: https://www.frixlaw.com/law-library/cases/9710931

## Case

- **Full name:** The PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. IRIS NICHOLS, Defendant-Appellant
- **Court:** Appellate Court of Illinois
- **Decided:** June 14, 1978
- **Citations:** 60 Ill. App. 3d 919; 18 Ill. Dec. 330; 377 N.E.2d 815; 1978 Ill. App. LEXIS 2759
- **Precedential status:** Published
- **Opinion:** Concurrence by Stengel
- **Judges:** Barry, Stengel
- **Cited by:** 32 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9710931

## Opinion text

Mr. PRESIDING JUSTICE STENGEL, specially concurring:
I do not believe, as the majority opinion does, that the Sixth Amendment is involved. Most courts of appeal have recognized the Sixth Amendment right to a speedy trial only after a prosecution has been formally begun. Typical of this is Illinois statute on speedy trial. (See Ill. Rev. Stat. 1977, ch. 38, par. 103—5(a): “Every person in custody in this State for an alleged offense shall be tried by the court having jurisdiction within 120 days from the date he was taken into custody * * *.” (Emphasis added.)) I decline to extend the reach of the law to the period prior to arrest. There is no constitutional right to be arrested. See United States v. Marion (1971), 404 U.S. 307 , 30 L. Ed. 2d 468 , 92 S. Ct. 455 .
I disagree with the conclusion reached that prejudice to the defendant should be presumed. I believe the defendant has a duty to come forth with a clear showing of actual and substantial prejudice. (See People v. Lawson (1977), 67 Ill. 2d 449 , 367 N.E.2d 1244 .) Because the State neither petitioned nor notified the juvenile court before bringing adult criminal charges against the defendant, I agree that this was plain error since Ellis has only prospective application. Hence I concur in the result.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9710931. Public record. Not legal advice.