People v. Rudi

In this case we must review the circuit court’s authority under Illinois law to deny a prosecutor’s motion for nolle prosequi. We are also called upon to decide whether the circuit court’s actions in this case resulted in jeopardy to the defendant under the State and Federal constitutions, thus barring a new trial for the offenses charged. Ill. Const. 1970, art. I, sec. 10; U.S. Const., amend. V.

The defendant, Richard Rudi, was originally charged with battery, aggravated battery and unlawful restraint. He was convicted of battery in a jury trial, but this conviction was reversed by the…