2023 IL App (2d) 230344
Ill. App. Ct.2023Background
- Devon Davidson was charged with aggravated battery in connection with a car accident and later with additional offenses, including aggravated battery to a peace officer, for allegedly fleeing police and injuring others during attempts to avoid arrest.
- At the time of the incidents, Davidson was already on parole for a prior offense and had pending charges and failures to appear in Wisconsin.
- The trial court originally set a monetary bond, which Davidson could not post; he moved to have his pretrial conditions reviewed under the amended Illinois Criminal Procedure Code (SAFE-T Act / Pretrial Fairness Act).
- After Davidson’s motion to remove his monetary condition, the State filed petitions to deny his release, arguing he posed a flight risk and threat to the community.
- The trial court found no conditions sufficient to assure his appearance and denied pretrial release, relying on the amended Act.
- Davidson appealed, arguing the State's petitions were untimely and that his original monetary bond should be reinstated.
Issues
| Issue | Davidson's Argument | State's Argument | Held |
|---|---|---|---|
| Timeliness of State’s petitions to deny release | State’s petitions were untimely after Davidson’s motion; court had no authority to grant them under Act | Filing was appropriate response to defendant’s motion for review under Act | State’s petitions were timely and procedurally proper |
| Reinstatement of monetary bond | Court should have left pre-Act monetary bond in place | New law forbids reinstating old monetary bond if defendant seeks reconsideration | Monetary bond can’t be reinstated after defendant seeks review under Act |
| Effectiveness of defense counsel | Counsel was ineffective for not moving to strike State’s petitions | Counsel not ineffective; State’s petitions proper under law | No ineffectiveness; counsel not required to make futile objection |
| Circuit court’s finding of willful flight | State failed to prove a likelihood of flight; claimed insufficient evidence | Prior flight, criminal history, failures to appear, proffered evidence sufficed | Court’s factual finding of flight risk was reasonable and not an abuse of discretion |
Key Cases Cited
- People v. Horrell, 235 Ill. 2d 235 (2009) (discussing analogies between sentencing law changes and bond law changes)
- People v. Holmes, 2016 IL App (1st) 132357 (forfeiture rules may be relaxed in important cases)
- People v. Whitmore, 2023 IL App (1st) 231807 (pretrial release reconsideration procedures under Act)
- People v. Lippert, 2023 IL App (5th) 230723 (categories of pretrial detainees and monetary bond under Act)