People v. Staake

Charged with first-degree murder, Staake was convicted of second-degree murder (720 ILCS 5/9-2(a)(1)) for the stabbing death of Michael Box. The appellate court affirmed, finding that the state’s amendments of the initial charge from second-degree to first-degree murder did not amount to a “new and additional” charge for speedy-trial purposes and Staake’s failure to make an offer of proof deprived the appellate court of a proper record to determine whether the trial court abused its discretion in granting the state’s motion in limine to preclude Staake from presenting evidence and argument as to an intervening cause of death (Box’s reluctance to accept medical treatment). The Illinois Supreme Court affirmed. The first-degree murder charge was not a new and additional charge; it relates back to the original second-degree murder charge. Any delays attributable to Staake on the initial charge are also attributable to him on the subsequent charge. Staake, having conceded that the state had proven causation beyond a reasonable doubt, cannot now claim that he was precluded from arguing a lack of causation; the trial court made it clear that its ruling in granting the motion in limine was conditional and based on a lack of evidence to show anything other than that the stab wound caused Box's death View "People v. Staake" on Justia Law