PEOPLE v. WALLEY

No. 2-90-0711.

575 N.E.2d 596 (1991)

215 Ill. App.3d 971

159 Ill.Dec. 98

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Steven D. WALLEY, Defendant-Appellee.

Appellate Court of Illinois, Second District.

Rehearing Denied August 15, 1991.


Attorney(s) appearing for the Case

Michael P. Coghlan, DeKalb County State's Atty., Sycamore, William L. Browers, Deputy Director, Cynthia N. Schneider, State's Attys. Appellate Prosecutors, Elgin, for People.

William P. Brady, T. Jordan Gallagher, Gallagher, Klein & Brady, DeKalb, for Steven D. Walley.


Justice GEIGER delivered the opinion of the court:

The State appeals from an order of the circuit court of De Kalb County granting a motion of the defendant, Steven Walley, to quash a subpoena duces tecum and bar the use of any evidence obtained pursuant to that subpoena. On appeal, the State contends that barring the use of the evidence was an excessive and inappropriate sanction.

On August 1, 1988, defendant was arrested and subsequently charged by...

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