State v. Ajak

The Supreme Court reversed the judgment of the circuit court convicting Defendant of the charge of resisting arrest, holding that the evidence did not support the submission of resisting arrest. Specifically, the Court held (1) Defendant’s arrest had already been effected when he was restrained by law enforcement officers and under their control when Defendant’s alleged resistance occurred; and (2) because Defendant’s arrest and custody were chronologically and legally separate events under the statutory and common law framework, if Defendant committed any crime it would have been attempt to escape from custody, not resisting arrest. View "State v. Ajak" on Justia Law