# People v. Ballard

> Illinois Supreme Court · December 2, 2002 · 206 Ill. 2d 151

URL: https://www.frixlaw.com/law-library/cases/9720754

## Case

- **Full name:** The PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. MARK BALLARD, Appellant
- **Court:** Illinois Supreme Court
- **Decided:** December 2, 2002
- **Citations:** 206 Ill. 2d 151; 276 Ill. Dec. 538; 794 N.E.2d 788
- **Precedential status:** Published
- **Opinion:** Dissent by Kilbride
- **Judges:** Freeman, McMorrow, Harrison, Kilbride
- **Cited by:** 105 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/9720754

## How later opinions describe it (automated extraction)

- 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…

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9720754. Public record. Not legal advice.