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PEOPLE v. HANNA

Nos. 94780, 94900.

800 N.E.2d 1201 (2003)

207 Ill.2d 486

279 Ill.Dec. 618

The PEOPLE of the State of Illinois, Appellant, v. Craig A. HANNA et al., Appellees. The PEOPLE of the State of Illinois, Appellant, v. David D. VAUGHN et al., Appellees.

Supreme Court of Illinois.

Rehearing Denied November 24, 2003.

Attorney(s) appearing for the Case

James E. Ryan and Lisa Madigan, Attorneys General, Springfield, and Charles Garnati, State's Attorney, Marion (Lisa Anne Hoffman and Jay Paul Hoffmann, Assistant Attorneys General, Chicago, and Norbert J. Goetten, Stephen E. Norris and Kevin D. Sweeney, of the Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, of counsel), for the People in No. 94780.

John Randall Patchett, Marion, for appellees in No. 94780.

James E. Ryan and Lisa Madigan, Attorneys General, Springfield, and D. Brian Trambley, State's Attorney, Vienna (Lisa Anne Hoffman and Jay Paul Hoffmann, Assistant Attorneys General, Chicago, and Norbert J. Goetten, Stephen E. Norris and Trent M. Marshall, of the Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, of counsel), for the People in No. 94900.

John Randall Patchett, Marion, for appellees in No. 94900.

Chief Justice McMORROW delivered the opinion of the court:

At issue in this case is whether certain devices for measuring breath alcohol were properly tested by the Illinois Department of Public Health before being approved for use as evidential breath analysis instruments in Illinois. In two decisions, the appellate court concluded that they were not. 332 Ill.App.3d 527, 265 Ill.Dec. 816...

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