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06/30/95 PEOPLE STATE ILLINOIS v. KENNETH MARSHALL

June 30, 1995

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
KENNETH MARSHALL, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County. Honorable John E. Morrissey, Judge Presiding.

Petition for Leave to Appeal Denied December 6, 1995.

The Honorable Justice Cerda delivered the opinion of the court: Rizzi, J., and Tully, J., Concur.

The opinion of the court was delivered by: Cerda

JUSTICE CERDA delivered the opinion of the court:

This is an appeal of a denial of a petition for writ of habeas corpus by defendant, Kenneth Marshall. On appeal, defendant asserts that the trial court erred in denying his petition for writ of habeas corpus because it had lost jurisdiction over him when his conditional release period expired pursuant to section 5-2-4(h) of the Unified Code of Corrections. Ill. Rev. Stat. 1987, ch. 38, par. 1005-2-4(h) (now 730 ILCS 5/5-2-4(h) (West 1992)).

Following a bench trial on September 21, 1984, defendant was found not guilty by reason of insanity (NGRI) of murder, armed violence, and aggravated battery. On December 11, 1984, the trial court found that defendant was subject to involuntary admission and placed him in the care and custody of the Department of Mental Health and Developmental Disabilities for a period not to extend past February 29, 2003, which was defendant's Thiem date (see People v. Thiem (1980), 82 Ill. App. 3d 956, 962, 403 N.E.2d 647, 38 Ill. Dec. 416), which is the maximum time defendant can be involuntarily committed under the NGRI statute.

On November 15, 1988, defendant was granted conditional release from the Elgin Mental Health Center pursuant to section 5-2-4(h) of the Unified Code of Corrections. (Ill. Rev. Stat. 1987, ch. 38, par. 1005-2-4(h) (now 730 ILCS 5/5-2-4(h) (West 1992)).) The conditions of the release were that defendant (1) be released to a residential 30-day program for substance abusers; (2) upon completion of that program, live with his mother and stepfather; and (3) attend the Springfield Mental Health Clinic on an outpatient basis for monitoring of his neuroleptic medication and counseling for his emotional needs and adjustment to the community.

On November 15, 1993, defendant's conditional release expired because no petition had been filed seeking an extension. On December 3, 1993, defendant was discharged following a three-week stay in the University of Chicago Hospital psychiatric unit where he was voluntarily admitted because he was hearing voices that told him to hurt himself and others. That same day, defendant requested assistance from the Department of Mental Health. Pursuant to the Department of Mental Health's request, the trial court ordered that defendant be admitted for evaluation.

On January 11, 1994, the Elgin Mental Health Center sent an evaluation report to the trial court. The report, which was prepared by Dr. Hargurmukh Singh, a clinical psychiatrist, and Tim Sweeney, the psychologist administrator, stated that during defendant's conditional release, he had been admitted to McFarland Mental Health Center in Springfield approximately five times. Since moving to Chicago in mid-1993, defendant had been hospitalized twice at Hargrove Hospital, once at another private psychiatric hospital in Chicago, and once at the University of Chicago Hospital.

Defendant was diagnosed as a chronic paranoid schizophrenic with an antisocial personality disorder and a history of psychoactive substance abuse. Defendant had been previously prescribed neuroleptic drugs to modify his behavior. When he took his medication, he was usually stable, but when he did not, he was a threat to himself and others after hearing voices. According to the report, defendant had a history of noncompliance with his medication.

The report further stated that defendant was "guarded, evasive and not very cooperative." Although he did not express any delusional, homicidal, or suicidal thoughts, he admitted hearing voices that told him to hurt other people. Based on their evaluation, Dr. Singh and Mr. Sweeney concluded that defendant was a danger to himself and others and was in need of mental health treatment on an inpatient basis in order to stabilize his medication and resolve chemical dependency issues. However, the report also stated that defendant was not subject to involuntary admission.

On February 7, 1994, the trial court ordered the case off the call after both the State and defense attorney agreed that the trial court no longer had jurisdiction over defendant since his conditional release period had expired. However, the State requested that the case be redocketed. At a February 16, 1994, court hearing, the State argued that the trial court retained jurisdiction until defendant's Thiem date. The trial court ordered a behavioral examination of defendant and then indicated that he would be recusing himself from the case because his wife was involved in defendant's treatment at the Department of Mental Health. On February 17, 1994, defendant's case was transferred to another trial judge, who continued the matter for a hearing on defendant's petition for writ of habeas corpus.

On March 11, 1994, a hearing was held at which defense counsel made a special appearance for the purpose of contesting the trial court's jurisdiction. Following arguments by the State and defense counsel, the trial court found that under the controlling doctrine of People v. Butler (1990), 194 Ill. App. 3d 297, 550 N.E.2d 1250, 141 Ill. Dec. 204, the trial court's jurisdiction did not automatically terminate upon the expiration of the conditional release period.

After denying defendant's habeas corpus petition on March 18, 1994, the trial court held a hearing on defendant's mental health status. During that hearing, Dr. Singh testified as an expert in forensic psychiatry. In December 1993, Dr. Singh had conducted a psychiatric evaluation of defendant, which entailed interviewing defendant, reviewing his records, and discussing his case with other members of the treatment team, including a social worker, a counselor, a psychologist, and various nurses. Based on his evaluation, Dr. Singh believed that defendant had a likelihood of causing danger or harm to himself and others and was in need of inpatient mental health services. He explained that although he originally did not believe that defendant was subject to involuntary admission and recommended against it in his written report, defendant's condition had ...


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