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PEOPLE v. McCAULEY

No. 73800.

645 N.E.2d 923 (1994)

163 Ill.2d 414

206 Ill.Dec. 671

The PEOPLE of the State of Illinois, Appellant, v. Aubrey McCAULEY, Appellee.

Supreme Court of Illinois.

Rehearing Denied January 30, 1995.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Springfield, Jack O'Malley, State's Atty., Chicago (Terence Madsen, Asst. Atty. Gen., Chicago, and Renee G. Goldfarb, Randall Roberts, Brian Clauss and Kenneth T. McCurry, Asst. State's Attys., of counsel), for People.

Alan D. Blumenthal and William Walters, Chicago, and Elisha Rosenblum, law student, for appellee.

David J. Bradford, Locke E. Bowman III and Kathleen M. Banar, Niles (Cynthia G. Bowman, Chicago, of counsel), for amici curiae Chicago Council of Lawyers et al.

Harvey M. Grossman and Jane M. Whicher, Chicago, for amicus curiae American Civil Liberties Union of Illinois.

Roslyn C. Lieb and Cynthia A. Wilson, Chicago, for amicus curiae Chicago Lawyers Committee for Civil Rights Under Law, Inc.

John J. Rekowski, Public Defender, Edwardsville, for amicus curiae Illinois Public Defenders Association.

Justice FREEMAN delivered the opinion of the court:

Defendant, Aubrey McCauley, was indicted for first degree murder (Ill.Rev.Stat.1987, ch. 38, par. 9-1). Following a pretrial hearing, the trial court suppressed evidence of a lineup identification of defendant and any statements he had made after an attorney, retained by his family, was present at the police station, unsuccessfully requesting to consult with him. The State took an interlocutory appeal, and the appellate...

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