Evans v. State

In Evans v. State, 55 Ill. Ct. Cl 395 (2002), the claimant Mr. Carl Evans' initial mittimus failed to include 126 days for time already served. Mr. Evans was able to have the circuit court issue a corrected mittimus that included those missing days. Mr. Evans' counsel had a copy of that corrected mittimus sent to the claimant Mr. Evans, who showed it to IDOC staff and said that based on the additional 126 he should be released immediately. The IDOC staff said that it could not accept the corrected mittimus from an inmate, but that it must come from the Circuit Court Clerk's Office. When the corrected mittimus was finally received by IDOC from the Circuit Court Clerk's Office nine days later, IDOC immediately released him. The Court of Claims held that the State had been negligent in holding him for the additional nine days. The Court of Claims reasoned that Mr. Evans had placed IDOC on notice when he had presented the corrected mittimus and IDOC had a duty to check the validity of the corrected mittimus, Id.