Opinion

People v. Ballard

  • 206 Ill. 2d 151
  • 276 Ill. Dec. 538
  • 794 N.E.2d 788
Court
Illinois Supreme Court
Filed
Dec 2, 2002
Status
Published
Author
Kilbride
On the bench
Freeman, McMorrow, Harrison, Kilbride
Cited by
105 cases
Authority
More cited than 9.4%

noting that while section 109– 1(a) “requires that an arrestee be presented to a judge ‘without unnecessary delay,’ noncompliance therewith does not, by itself, obviate a confession or render an otherwise voluntary confession inadmissible at trial. Rather, such delay is merely a factor to be considered on the question of voluntariness.”

How later courts described this case

  • noting that while section 109– 1(a) “requires that an arrestee be presented to a judge ‘without unnecessary delay,’ noncompliance therewith does not, by itself, obviate a confession or render an otherwise voluntary confession inadmissible at trial. Rather, such delay is merely a factor to be considered on the question of voluntariness.”
  • “a delay of 24 to 36 hours prior to presentment is usually not considered to be unnecessary”
  • Aa delay of 24 to 36 hours prior to presentment is usually not considered to be unnecessary"
  • “[T]his court has recognized that ‘a history of substance abuse is a double-edged sword at the aggravation/mitigation phase of the penalty -9- No. 1-18-0621 hearing.’ ”

Written by the judges who cited it.

The opinion

JUSTICE KILBRIDE, also dissenting:

For the reasons set forth in my dissents in People v. Hickey, 204 Ill. 2d 585, 636-39 (2001) (Kilbride, J., dissenting), and People v. Simpson, 204 Ill. 2d 536, 581-85 (2001) (Kilbride, J., dissenting), defendant’s convictions and sentence should be set aside because the trial proceedings were not conducted in accordance with the new supreme court rules governing capital cases. The procedures in capital cases prior to this court’s adoption of the new rules were unreliable and did not adequately protect a defendant’s constitutional rights. Consequently, since the new rules were promulgated to address the deficiencies of constitutional dimension that regularly occurred under the old system, the rules must be applied retroactively to all capital cases currently pending on direct appeal. See People v. Hudson, 195 Ill. 2d 117, 126 (2001), citing Griffith v. Kentucky, 479 U.S. 314, 328 , 93 L. Ed. 2d 649, 661 , 107 S. Ct. 708, 716 (1987). For those reasons, I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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