People v. Tapp
976 N.E.2d 23
Ill. App. Ct.2012Background
- In 1997, the Sangamon County circuit court found Tapp sexually dangerous and committed him to the Department of Corrections.
- In 2002, the court ordered conditional release for Tapp.
- In 2007, the State petitioned to revoke conditional release; the court granted the revocation on June 15, 2010.
- Tapp appealed, arguing the revocation was based solely on a Du Page County criminal sentence order.
- The appellate court sua sponte considered jurisdiction, concluded civil rules apply to the Sexually Dangerous Persons Act proceedings, and dismissed for lack of timely notice of appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is timely and properly before the court. | People contends lack of jurisdiction due to failure to file a proper timely notice of appeal under Rule 303(a). | Tapp argues leave to file a late notice of appeal should be treated as timely under Rule 303(d). | No jurisdiction; timely notice not properly filed |
| Which appellate rules govern a proceeding under the Sexually Dangerous Persons Act. | People; civil rules apply to such proceedings. | Tapp; rules applicable to criminal appeals should govern. | Civil appellate rules apply; 303(a) timely filing required |
Key Cases Cited
- People v. Smith, 228 Ill. 2d 95 (2008) (jurisdictional timing of appeals rule)
- Secura Insurance Co. v. Illinois Farmers Insurance Co., 232 Ill. 2d 209 (2009) (rules governing filing deadlines are mandatory)
- Chand v. Schlimme, 138 Ill. 2d 469 (1990) (supreme court rules govern appeals)
- Rodriguez v. Sheriff’s Merit Comm’n, 218 Ill. 2d 342 (2006) (rules have the force of law)
- Swinkle v. Illinois Civil Service Comm’n, 387 Ill. App. 3d 806 (2009) (transfer and filing requirements not satisfied when filed in wrong court)
- People v. DeTienne, 17 Ill. App. 3d 708 (1974) (improvident and improper grant of late appeal)
- Lyles v. Illinois, 217 Ill. 2d 210 (2005) (appellate authority dependent on compliance with filing rules)
- In re Detention of Kish, 395 Ill. App. 3d 546 (2009) (procedural posture of civil vs. criminal proceedings)