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PEOPLE v. BAILEY

No. 1-04-3835.

872 N.E.2d 1018 (2007)

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Hernandez BAILEY, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied August 2, 2007.

Attorney(s) appearing for the Case

Richard A. Devine, State's Attorney, James E. Fitzgerald, Annette Collins, Brad Dickey, Assistant State's Attorneys, Chicago, for Plaintiff-Appellant.

Richard H. McLeese, Chicago, for Defendant-Appellee.

Presiding Justice THEIS delivered the opinion of the court:

Following a third-stage evidentiary hearing under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 1994)), the trial court granted defendant's request for a new trial based on ineffective assistance of trial counsel. The State now appeals, contending that the grant of a new trial was manifestly erroneous. Specifically, the State argues that: (1) defendant failed to prove that his...

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