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PEOPLE v. SMITH

No. 1-03-1143.

817 N.E.2d 982 (2004)

352 Ill. App.3d 1095

288 Ill.Dec. 332

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. David A. SMITH, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

September 24, 2004.

Attorney(s) appearing for the Case

Winston & Strawn LLP, Chicago (Steven F. Moio, Dane A. Drobny, Scott P. Glauberman, Amy L. Flaherty and Theodore Z. Polley III and Steven E. Eberhardt, Crestwood, of counsel), for Appellant.

Richard A. Devine, Cook County State's Attorney, Chicago (Renee Goldfarb, William D. Carroll and Barbara L. Jones, of counsel), for Appellee.

Justice FROSSARD delivered the opinion of the court:

The issue on appeal involves defendant's allegation of forensic fraud by serological expert Pamela Fish. Defendant's successive post-conviction petition alleged: "Petitioner was denied his right to due process of law under the 14th amendment to the United States Constitution and section I, article 2 of the Constitution of the State of Illinois where the State presented the perjured testimony of criminalist Pamela...

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