People v. Kirkley

Mr. PRESIDING JUSTICE STENGEL,

specially concurring:

I concur in the result reached in this case, but something more needs to be said. This appeal presents squarely the question whether this court has authority to impose sanctions for a violation of a person’s constitutional right to a preliminary hearing. This case is undoubtedly the first Illinois decision where a court has applied the sanction of invalidating a conviction for failure to provide a prompt preliminary hearing.

While the general rule and custom in reversing judgments of conviction after a trial by jury is to remand the cause to…