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PEOPLE v. PURCELL

No. 92739.

778 N.E.2d 695 (2002)

201 Ill.2d 542

268 Ill.Dec. 429

The PEOPLE of the State of Illinois, Appellant, v. Willard PURCELL, Appellee.

Supreme Court of Illinois.

October 3, 2002.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield, Paul A. Logli, State's Attorney, Rockford (Joel D. Bertocchi, Solicitor General, William L. Browers, Domenica A. Osterberger, Assistant Attorneys General, Chicago, Norbert J. Goetten, Martin P. Moltz, Lawrence M. Bauer, Office of the State's Attorneys Appellate Prosecutor, Elgin, of counsel), for the People.

Peter B. Nolte, Nick E. Zimmerman, of Sreenan & Cain, P.C., Rockford, for appellee.

Justice GARMAN delivered the opinion of the court:

In August 2001, defendant was arrested and indicted in the circuit court of Winnebago County on four counts of first degree murder pursuant to sections 9-1(a)(2), (a)(3), and (b)(19) of the Criminal Code of 1961 (720 ILCS 5/9-1(a)(2), (a)(3), (b)(19) (West 2000)). On appeal following denial of bail, the appellate court declared unconstitutional section 110-4(b) of the Code of Criminal Procedure of 1963 (the Code)...

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