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PEOPLE v. MARSHALL

Docket No. 5-11-0430.

995 N.E.2d 1045 (2013)

2013 IL App (5th) 110430

374 Ill. Dec. 548

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Marcus MARSHALL, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

September 13, 2013.

Attorney(s) appearing for the Case

Steven A. Greenberg and Sean O'Malley , both of Steven A. Greenberg & Associates, Ltd., of Chicago, for appellant.

Charles Garnati , State's Attorney, of Marion ( Patrick Delfino , Stephen E. Norris , and Patrick D. Daly , all of State's Attorneys Appellate Prosecutor's Office, of counsel) for the People.

OPINION

Justice GOLDENHERSH delivered the judgment of the court, with opinion.

¶ 1 Defendant, Marcus Marshall, argues on appeal that he was denied a fair trial by the State's racially based evidence and arguments. The State has filed a confession of error. We find the defendant's contentions and the State's confession to be well-taken. For the reasons that follow, we reverse and remand the cause for a new trial.

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