Under the Taylor rule, the State was required to appeal or move to reconsider the May 18 order within 30 days. Because the State failed to do so, it was barred from relitigating the suppression of those hearsay statements before the circuit court under any legal theory that was raised or could have been raised in the initial motion, even a theory that was not previously considered by the circuit court. Holmes, 235 Ill. 2d at 67; Williams, 138 Ill. 2d at 390-91; see also People v. Daniels, 346 Ill. App. 3d 350, 360 (2004); People v. Lawson, 327 Ill. App. 3d 60, 67 (2001). That includes the State's argument for the admission of the hearsay statements under the common law, an argument that the State actually did raise in its initial motion.
This court recently addressed this issue. In People v. Lawson, 327 Ill. App. 3d 60 (2001), the first trial court granted the defendant's motion to quash arrest and suppress evidence on the ground that the defendant had been arrested without probable cause. The State appealed the suppression order, but only challenged the standard that the trial court applied.
This court recently addressed this issue. In People v. Lawson, 327 Ill. App. 3d 60 (2001), the first trial court granted the defendant's motion to quash arrest and suppress evidence on the ground that the defendant had been arrested without probable cause. The State appealed the suppression order, but only challenged the standard that the trial court applied.
Illinois follows this legal position. People v. Lawson, 327 Ill. App. 3d 60 (1st Dist. 2001), appeal denied 198 Ill. 2d 625 (2002). Ex. U at 620-21.
On December 28, 2001, the Illinois Appellate Court reversed his conviction and remanded the case for a new trial. People v. Lawson, 762 N.E.2d 633 (1st Dist. 2001). On May 29, 2002, Lawson was transported from the Menard Correctional Facility ("Menard") to the Cook County Jail. Lawson maintains that when he left Menard, he was given a two-week supply of his medications and diapers, along with paperwork for County officials detailing his medical problems.