{
  "id": 2807029,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. BOBBIE ALLEN FLOYD, Defendant-Appellee",
  "name_abbreviation": "People v. Floyd",
  "decision_date": "1976-05-13",
  "docket_number": "No. 13242",
  "first_page": "246",
  "last_page": "248",
  "citations": [
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      "type": "official",
      "cite": "38 Ill. App. 3d 246"
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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      "cite": "347 N.E.2d 430",
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      "reporter": "N.E.2d",
      "weight": 2,
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      "cite": "38 Ill. App. 3d 239",
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      "cite": "38 Ill. App. 3d 239",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
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          "page": "245-246"
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  "last_updated": "2023-07-14T15:32:42.628819+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. BOBBIE ALLEN FLOYD, Defendant-Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE SIMKINS\ndelivered the opinion of the court:\nDefendant was indicted on February 26, 1975, for two counts of unlawful possession and two counts of unlawful delivery of a controlled substance. The offenses allegedly occurred on May 20, 1974, and defendant was arrested on November 7, 1974. Defendant filed a motion alleging that the prearrest delay of approximately five months violated his constitutional right to due process of law. A hearing was held and the trial court dismissed the indictment. The State appeals.\nThe same issue was comprehensively discussed in our recent opinion in People v. Lawson, 38 Ill. App. 3d 239, 347 N.E.2d 430; reference is therefor made to that opinion.\nAt the hearing defendant testified that he had no memory of the date in question. Steven Marada and Louise Banks, Illinois Bureau of Investigation agents testified briefly about the ongoing undercover investigation the I.B.I. was conducting in central Illinois. The trial court found that an ongoing undercover investigation did not constitute a reasonable excuse for failure to immediately indict the defendant. The defendant testified that he could not recall the time in question. This was insufficient to establish actual, substantial prejudice. People v. Lawson, 38 Ill. App. 3d 239, 347 N.E.2d 430.\nAs we have stated in Lawson, an arrest or indictment may be delayed for a reasonable time. It is also apparent from the trial judge\u2019s remarks that he was of the opinion that the reasons for the delay were not relevant to a determination as to whether or not the delay amounted to a denial of due process.\nFor the foregoing reason the judgment is reversed and the cause remanded for further proceedings.\nReversed and remanded.\nCRAVEN, J., concurs.",
        "type": "majority",
        "author": "Mr. JUSTICE SIMKINS"
      },
      {
        "text": "Mr. PRESIDING JUSTICE TRAPP,\nspecially concurring:\nI concur in the reversal and remandment of the cause, but adhere to the views expressed in dissent in People v. Lawson, 38 Ill. App. 3d 239, 245-246, 347 N.E.2d 430, upon the nature of the further proceedings.",
        "type": "concurrence",
        "author": "Mr. PRESIDING JUSTICE TRAPP,"
      }
    ],
    "attorneys": [
      "Lawrence Eaton, State\u2019s Attorney, of Monticello (G. Michael Prall, of Illinois State\u2019s Attorneys Association, of counsel), for the People.",
      "Summers, Watson & Kimpel, of Champaign, for appellee."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. BOBBIE ALLEN FLOYD, Defendant-Appellee.\nFourth District\nNo. 13242\nOpinion filed May 13, 1976.\nTRAPP, P. J., specially concurring.\nLawrence Eaton, State\u2019s Attorney, of Monticello (G. Michael Prall, of Illinois State\u2019s Attorneys Association, of counsel), for the People.\nSummers, Watson & Kimpel, of Champaign, for appellee."
  },
  "file_name": "0246-01",
  "first_page_order": 274,
  "last_page_order": 276
}