2024 IL App (1st) 240918-U
Ill. App. Ct.2024Background
- Timothy Lasenby was charged with attempted murder and other felonies for allegedly shooting his wife, Timmons, during a domestic incident in August 2022.
- The trial court initially denied bond and later set bond based on newly presented evidence, but Lasenby remained in custody due to inability to post bond.
- After the enactment of the Pretrial Fairness Act (eliminating cash bonding for most cases), the court granted the State’s petition for pretrial detention, finding that Lasenby posed a real and present threat to Timmons.
- Lasenby filed a motion to reconsider pretrial detention, arguing the State had not met the required burden to prove detention was necessary.
- The circuit court denied the motion, and Lasenby appealed, challenging both the procedural timeliness of the detention petition and the substantive basis for continued detention.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the notice of appeal timely regarding the Nov. 7, 2023, order? | Notice of appeal was untimely, so no jurisdiction. | Believes appeal should proceed. | Untimely, appellate court lacks jurisdiction. |
| Did the State timely file the pretrial detention petition? | Petition timely. | Petition was untimely, requires remand for hearing. | Court did not reach due to lack of jurisdiction. |
| Did the trial court err by denying reconsideration of detention? | Defendant posed a real and present threat; no abuse of discretion. | State did not meet clear and convincing burden; less restrictive conditions possible. | No abuse of discretion; continued detention upheld. |
| Did the State meet its burden for continued detention under §110-6.1(i-5)? | Yes, based on specific articulable facts, including threat to Timmons and witness tampering. | No; State’s proof was insufficient and electronic monitoring possible. | State met the standard; detention affirmed. |
Key Cases Cited
- People v. Easton, 2018 IL 122187 (standard for retroactivity of supreme court rules)
- People v. Hunter, 2017 IL 121306 (procedural law changes apply to ongoing proceedings)
- People v. Sosani, 2022 IL App (1st) 210027 (definition of ongoing proceedings for appeals)
- People v. McDonald, 2016 IL 118882 (standard for abuse of discretion)
- Lake County Grading Co. v. Forever Constr. Co., 201 IL App (2d) 160359 (timeliness as jurisdictional for appeals)