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PEOPLE v. HATHAWAY

No. 4-93-0829.

635 N.E.2d 148 (1994)

263 Ill. App.3d 426

200 Ill.Dec. 47

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Jerry P. HATHAWAY, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

June 27, 1994.

Attorney(s) appearing for the Case

Michael D. Clary, State's Atty., Danville, Norbert J. Goetten, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, Jim Majors, Staff Atty., for appellant.

Daniel D. Brown, Law Office of Daniel D. Brown, Danville, for appellee.

Justice STEIGMANN delivered the opinion of the court:

In August 1993, the trial court granted defendant's motion to suppress all evidence obtained through the alleged improper use of the subpoena power by the Vermilion County State's Attorney's office. The State appeals, and we reverse.

I. BACKGROUND

In December 1991, defendant, Jerry Hathaway, was involved in a one-car accident in Vermilion County. Deputy William Cottrell, the first officer to arrive...

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