PEOPLE v. ROSE

No. 2-02-0420.

794 N.E.2d 1004 (2003)

342 Ill. App.3d 203

276 Ill.Dec. 754

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Stewart ROSE, Defendant-Appellee.

Appellate Court of Illinois, Second District.

July 29, 2003.


Attorney(s) appearing for the Case

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, Gregory L. Slovacek, State's Attorneys Appellate Prosecutor, Elgin, for the People.

John F. Donahue, Law Offices of Donahue, Sowa, Bugos & Brown, Lisle, for Stewart Rose.


Justice BOWMAN delivered the opinion of the court:

The State appeals the circuit court's order dismissing an indictment against defendant, Stewart Rose, because the State refused to reveal its confidential informant. The State contends that it did not have to reveal the informant's identity because defendant never demonstrated that this information was necessary to prepare his defense. We agree and therefore reverse and remand.

Defendant was indicted on two...

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