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PEOPLE v. FRANKLIN

No. 82-609.

119 Ill. App.3d 899 (1983)

457 N.E.2d 1005

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. PATSY FRANKLIN, Defendant-Appellee.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed November 29, 1983.

Attorney(s) appearing for the Case

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat, Bruce A. Cardello, and Adam Dabek, Assistant State's Attorneys, of counsel), for the People.

James J. Doherty, Public Defender, of Chicago (Ronald P. Alwin, George J. Morrissey, and Mark Dohm, Assistant Public Defenders, of counsel), for appellee.

Order vacated and cause remanded.

JUSTICE PERLIN delivered the opinion of the court:

The issue raised by this appeal is whether a mistrial due to the State's failure to disclose what the trial court characterized as a "material," "prejudicial" statement made by one of its witnesses, notwithstanding a defense discovery request and a court order to disclose such statement, acts as a double-jeopardy bar to reprosecution under Oregon v. Kennedy (1982),...

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