2024 IL App (2d) 230532
Ill. App. Ct.2024Background
- Defendant Derrick D. Jordan was charged in Kane County, Illinois, with two counts of first-degree murder, aggravated battery discharge of a firearm, and unlawful possession of a firearm by a felon following the shooting death of Martin Pegues.
- The State sought to deny Jordan's pretrial release under the Pretrial Fairness Act, asserting both dangerousness and flight risk.
- A detention hearing was held on November 24, 2023, after which the trial court ordered Jordan detained pending trial.
- Jordan appealed, raising four claims in his notice of appeal, mainly challenging the sufficiency of the State's evidence and the fairness of the hearing procedure.
- No legal memorandum was filed on appeal; the only arguments before the appellate court were those set out in the notice of appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for detention | State met burden with evidence including eyewitness, video | Insufficient direct evidence; evidence circumstantial and witnesses unreliable | Forfeited; evidence supports order |
| Proof of threat to safety for denial of pretrial release | Defendant poses real, present threat; prior violent history | Not on supervision, time since last violent offense; State did not prove threat to witnesses | Forfeited; evidence supports order |
| Lack of mitigating conditions to address safety or flight risk | Defendant has access to firearms, was on bond at offense | Electronic monitoring or GPS could mitigate risk; State did not prove defendant would flee or could not be monitored | Forfeited; evidence supports order |
| Fairness of hearing due to judge's prior involvement | Not directly addressed | Judge may have signed warrants, potential bias or outside knowledge | Forfeited; unsupported and conclusory |
Key Cases Cited
- Obert v. Saville, 253 Ill. App. 3d 677 (1993) (waiver of arguments not sufficiently presented on appeal)
- Thrall Car Manufacturing Co. v. Lindquist, 145 Ill. App. 3d 712 (1986) (reviewing courts not advocates for parties)
- First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill. 2d 128 (1976) (discussing court's discretion in reviewing the record to sustain trial court judgment)