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PEOPLE v. HART

No. 2-88-0780.

194 Ill. App.3d 997 (1990)

552 N.E.2d 1

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. TIMOTHY P. HART, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Supplemental opinion filed upon rehearing April 6, 1990.

Attorney(s) appearing for the Case

Michael P. Coghlan, State's Attorney, of Sycamore (William L. Browers and Cynthia N. Schneider, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Howard R. Wertz, T. Jordan Gallagher, Kurt P. Klein, and William P. Brady, all of Gallagher, Klein & Brady, of De Kalb, for appellee.

Affirmed in part, and vacated in part and remanded.

JUSTICE REINHARD delivered the opinion of the court:

The State appeals, pursuant to Supreme Court Rule 604(a)(1) (107 Ill.2d R. 604(a)(1)), from an order of the circuit court of De Kalb County granting defendant's, Timothy P. Hart's, motion to quash numerous subpoenas duces tecum. The State essentially raises two issues on appeal: (1) whether the use of the subpoenas duces tecum was proper;...

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