Court of Appeals of Illinois, First District, Third Division
Appeal from the Circuit Court of Cook County. No. 12 MC1 197585. Honorable Michael B. McHale, Judge Presiding.
Where defendant was initially found unfit to stand trial in a case charging her with misdemeanor battery and she filed a notice of appeal but the State argued that her appeal was moot based on the finding made after her notice of appeal was filed that she was fit to stand trial with medication, the appellate court dismissed the appeal, since defendant failed to show that the collateral consequences exception to the mootness doctrine applied.
FOR PLAINTIFFS-APPELLEE: Mary P. Needham, Jocelyn M. Schieve, State's Attorney of Cook County, Chicago, IL.
FOR DEFENDANT-APPELLANT: Daniel T. Coyne, Law Offices of Chicago-Kent, Chicago, IL.
PRESIDING JUSTICE HYMAN delivered the judgment of the court with opinion. Justices Neville and Mason concurred in the judgment and opinion.
[¶1] Defendant-appellant, Carmelita Madison, appeals from an order entered by the circuit court of Cook County finding her unfit to stand trial. On appeal, Madison contends that the State failed to meet its burden of proof to demonstrate her lack of fitness, and she argues a number of grounds for reversing the finding of unfitness. After Madison's notice of appeal was filed in this case, she was found fit to stand trial with medication. The State does not respond to Madison's arguments on the merits and instead contends that her appeal is moot. The State maintains that because Madison has now been found fit to stand trial, this court is unable to afford her any relief and the appeal should be dismissed. We agree that Madison's appeal is moot and dismiss this appeal.
[¶3] Madison was charged with one count of misdemeanor battery after she allegedly struck the victim in the face on April 19, 2012. On June 29, 2012, the trial court ordered a behavioral clinical examination for Madison. On September 11, 2012, Dr. Erick Neu, a licensed clinical psychologist with Cook County Forensic Clinical Services, evaluated Madison and concluded that she was unfit to stand trial and that she " suffered from a psychotic disorder and her symptoms were of sufficient severity to significantly impede her ability to assist in her defense."
[¶4] On January 31, 2013, the trial court ordered a second examination to be conducted by an evaluator other than Dr. Neu, because more than 45 days had passed since Dr. Neu's report. See 725 ILCS 5/104-16(a) (West 2012).
[¶5] The evaluation was assigned to Dr. Christofer Cooper, who first met with Madison on February 28, 2013. The evaluation lasted only 20 minutes because Madison declined to participate. After answering some initial questions, Madison refused to continue the evaluation because she claimed that Dr. Cooper did not have her academic transcripts dating back to college and that without them, Dr. Cooper ...