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PEOPLE v. SMITH

Nos. 3-09-0524, 3-09-0525, 3-09-0526.

926 N.E.2d 452 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Andrew SMITH, Defendant-Appellee. The People of the State of Illinois, Appellee, v. Andrew R. Smith, Appellant. The People of the State of Illinois, Appellee, v. Gerald Suelter, Appellant. The People of the State of Illinois, Appellee, v. Jeremy Layman, Appellant.

Appellate Court of Illinois, Third District.

April 1, 2010.

Attorney(s) appearing for the Case

Terry A. Mertel, Deputy Director, State's Attorneys Appellate Prosecutor, Kevin W. Lyons, State's Attorney, Richard T. Leonard (argued), State's Attorneys Appellate Prosecutor, for the People.

Robert D. Kuzas (argued), Chicago, Shane M. Voyles, Springfield, for Andrew R. Smith.

L. Lee Smith, Garth C.K. Madison, Hinshaw & Culbertson LLP, Peoria, for Gerald W. Suelter.

Chris McCall, McCall Law Offices, Robert Boucher, Peoria, for Jeremy Layman.

Kimberly A. King (argued), Office of the Corporation Counsel, Peoria, for City of Peoria.

Justice McDADE delivered the opinion of the court:

This is an appeal from the trial court's order to partially quash a subpoena duces tecum served upon the Peoria police department (PPD). We affirm.

FACTS

Defendants Andrew Smith, Gerald Suelter and Jerry Layman (collectively defendants) are officers in the PPD. Smith and Suelter were charged by an indictment with four counts of official misconduct, aggravated battery, mob action, and battery...

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