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PEOPLE v. HAMILTON

No. 5-05-0208.

847 N.E.2d 761 (2006)

364 Ill. App.3d 721

301 Ill.Dec. 751

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Brian HAMILTON, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

March 29, 2006.

Attorney(s) appearing for the Case

Robert Haida, State's Attorney, Belleville, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Patrick D. Daly, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellant.

Daniel M. Kirwan, Deputy Defender, Dan W. Evers, Assistant Defender, Office of the State Appellate Defender, Mt. Vernon, for Appellee.

Justice McGLYNN delivered the opinion of the court:

The State appeals from a pretrial order that precluded the State from introducing the now-deceased victim's bond revocation hearing testimony at the defendant's trial. The State filed its certificate of impairment and appealed the decision. We affirm.

Brian Hamilton (the defendant) was charged in late September 2004 with two felony counts of domestic battery, pursuant to section 12-3.2(a)(1) of the Criminal...

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