People v. Waid

851 N.E.2d 1210, 221 Ill. 2d 464, 303 Ill. Dec. 785, 2006 Ill. LEXIS 1080
CourtIllinois Supreme Court
DecidedJune 2, 2006
Docket101065
StatusPublished
Cited by65 cases

This text of 851 N.E.2d 1210 (People v. Waid) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Waid, 851 N.E.2d 1210, 221 Ill. 2d 464, 303 Ill. Dec. 785, 2006 Ill. LEXIS 1080 (Ill. 2006).

Opinion

JUSTICE McMORROW

delivered the judgment of the court, with opinion.

Chief Justice Thomas and Justices Freeman, Fitzgerald, Kilbride, Garman, and Karmeier concurred in the judgment and opinion.

OPINION

Defendant, Craig Waid, was charged with various drug- and alcohol-related offenses in four separate cases in the circuit court of Pike County. Prior to trial, on defendant’s motion, the circuit court found defendant mentally unfit to stand trial. The court also found that there was no substantial probability that defendant, if provided with a course of treatment, would attain fitness within one year. 725 ILCS 5/104 — 16, 104 — 23 (West 2004). The State moved for a discharge hearing to determine the sufficiency of the evidence against defendant. 725 ILCS 5/104 — 23, 104 — 25 (West 2004). The State also moved, pursuant to section 104 — 25(a), for the admission of certain evidence at the discharge hearing. The circuit court denied the State’s motion for admission of evidence, effectively finding section 104 — 25(a) unconstitutional. The circuit court certified for interlocutory appeal the question of whether this ruling was correct. 155 Ill. 2d R. 308(a). The State appealed to the appellate court, which transferred the appeal to this court. Citing to Supreme Court Rule 365 (155 Ill. 2d R. 365), the appellate court noted that the circuit court order effectively held section 104 — 25(a) unconstitutional.

BACKGROUND

In case No. 03 — DT—84, defendant was charged with driving a vehicle while under the influence of alcohol, a Class A misdemeanor. In a second case, No. 03 — CM— 227, defendant was charged with three offenses: possession of drug paraphernalia, a Class A misdemeanor; possession of cannabis, a Class C misdemeanor; and delivery of alcoholic liquor to a person under 21 years of age, a Class A misdemeanor. In No. 04 — CM—44, defendant was charged with two of the same offenses as in No. 03— CM — 227: possession of drug paraphernalia and possession of cannabis. In the fourth case, No. 03 — TR—3632, defendant was cited for illegal transportation of alcohol.

Prior to trial, defendant moved, pursuant to section 104 — 11 of the Code of Criminal Procedure of 1963 (725 ILCS 5/104 — 11 (West 2004)), for a hearing on whether defendant was fit to stand trial. In his motion, defendant pointed to a previous finding by the Social Security Administration that defendant was disabled because of “low cognitive functioning” and other reasons. Defendant alleged that there was a bona fide doubt as to his fitness to stand trial. Defendant also requested, pursuant to section 104 — 12 (725 ILCS 5/104^12 (West 2004)), that the hearing be held before a jury.

The jury found defendant “not mentally fit to stand trial,” and the circuit court entered an order to that effect. Subsequently, the circuit court found that there was no substantial probability that defendant would become fit within one year. Under section 104 — 23 of the Code, if a court determines that there is no substantial probability that a defendant will become fit to stand trial within one year, the State may ask the court to set the matter for a discharge hearing pursuant to section 104— 25. On July 29, 2004, the State filed a motion seeking a discharge hearing. The purpose of such a hearing, which is to be conducted “by the court without a jury,” is to determine the sufficiency of the evidence against the defendant. 725 ILCS 5/104 — 25(a) (West 2004).

With regard to evidence that may be admitted at a discharge hearing, subsection (a) provides:

“The court may admit hearsay or affidavit evidence on secondary matters such as testimony to establish the chain of possession of physical evidence, laboratory reports, authentication of transcripts taken by official reporters, court and business records, and public documents.” 725 ILCS 5/104 — 25(a) (West 2004).

Pursuant to this provision, the State moved, prior to the discharge hearing, for admission of various items of evidence from the Pike County sheriffs department and the Illinois State Police. Included were sheriffs department evidence-inventory logs referring to “seeds,” a “green leafy substance,” a “metal tube,” “pills” and “pipes.” The State also sought to admit State Police evidence receipts referring to these same items, as well as State Police lab results on cannabis and blood. The circuit court ordered the parties to file briefs on the issue of “admission of evidence by affidavit/hearsay in a discharge hearing pursuant to 725 [ILCS] 5/104 — 25.”

A hearing was held on the State’s motion to admit evidence, and the circuit court denied the motion. Relying on People v. McClanahan, 191 Ill. 2d 127 (2000), which ruled unconstitutional a statute that allowed the use of lab reports in lieu of actual testimony in a criminal prosecution, the circuit court in the case at bar held that the State’s evidence-inventory logs, evidence receipts and lab reports would not be admissible unless the persons who prepared this evidence were called to testify. In the court’s view, to admit this evidence without accompanying testimony would violate defendant’s constitutional right to be confronted with the witnesses against him. The circuit court stated:

“[T]he Court was very clear in McClanahan that affidavit evidence was not available at the criminal trial. *** [T]hey said it violated the right of confrontation, and it violated the right of the defendant to confront the witness.”

The circuit court also noted that, while a discharge hearing apparently was a civil proceeding, a finding of no acquittal (not not guilty) could result in the loss of defendant’s freedom. The court stated: “[Defendant] could be, although not incarcerated, he certainly could lose his freedom if he were to be hospitalized or placed in a facility of some sort.”

The circuit court’s order effectively held section 104 — 25(a) unconstitutional. The court also certified for interlocutory appeal the question of whether its ruling denying the State’s motion to admit evidence was correct.

The State appealed, and the case was docketed in the appellate court. On August 1, 2005, the appellate court entered an order transferring the appeal to this court pursuant to Supreme Court Rule 365 (155 Ill. 2d R. 365). The order stated:

“The State appeals from an order effectively holding section 104 — 25(a) of the Code of Criminal Procedure of 1963 unconstitutional. Under either civil or criminal Supreme Court Rules, such appeals are within the direct jurisdiction of the supreme court. Accordingly, pursuant to Supreme Court Rule 365, this appeal is transferred to the Supreme Court of Illinois.”

ANALYSIS

At the outset, we clarify the basis of our jurisdiction.

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Cite This Page — Counsel Stack

Bluebook (online)
851 N.E.2d 1210, 221 Ill. 2d 464, 303 Ill. Dec. 785, 2006 Ill. LEXIS 1080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-waid-ill-2006.