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PEOPLE v. O'CONNELL

No. 102707.

879 N.E.2d 315 (2007)

227 Ill.2d 31

The PEOPLE of the State of Illinois, Appellant, v. John O'CONNELL, Appellee.

Supreme Court of Illinois.

November 29, 2007.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield, Richard A. Devine, State's Attorney, Chicago (Michael M. Glick, Assistant Attorney General, Chicago, James E. Fitzgerald, Alan J. Spellberg, Lisa M. Morrison, Assistant State's Attorney, of counsel), for the People.

Michael J. Pelletier, Deputy Defender, Heidi Linn Lambros, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for appellee.

OPINION

Justice KILBRIDE delivered the judgment of the court, with opinion:

In attempting to raise an actual-innocence claim, defendant, John O'Connell, filed a pro se motion for DNA testing pursuant to section 116-3 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/116-3 (West 2002)). The circuit court of Cook County denied defendant's motion. The appellate court reversed the trial court's order denying defendant's motion for DNA testing...

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