Legal Opinion

People v. Barrett

Appellate Court of Illinois

Decided September 28, 1999No. 4-99-0100Published

1Opinion of the CourtJustice McCULLOUGH

Defendant Robert Barrett appeals from an order of the circuit court of Champaign County denying a motion to dismiss the cause on the basis of a seven-year delay between the issuance of the mandate of this court on direct appeal and it being “spread of record” in the circuit court. Defendant argues (1) the circuit court lost jurisdiction in the intervening seven-year period and (2) the unreasonable delay is the fault of the State. We affirm.

In this case, the facts are undisputed and no testimony was presented raising an issue of credibility. As a result, a question of law is presented that…

2Cases cited7 opinions

  1. People Ex Rel. Millet v. WoodsIllinois Supreme Court · 1973
  2. Hamilton v. FaulknerAppellate Court of Illinois · 1968
  3. People v. RipaAppellate Court of Illinois · 1983
  4. Walker v. HardimanIllinois Supreme Court · 1987
  5. Crump v. LaneIllinois Supreme Court · 1987

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