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PEOPLE v. CLARK

No. 115776.

6 N.E.3d 154 (2014)

2014 IL 115776

379 Ill. Dec. 77

The PEOPLE of the State of Illinois, Appellant, v. DeForest CLARK, Appellee.

Supreme Court of Illinois.

March 20, 2014.

Attorney(s) appearing for the Case

Lisa Madigan , Attorney General, Springfield, and Joseph H. McMahon , State's Attorney, Saint Charles ( Michael A. Scodro , Solicitor General, and Michael M. Glick and Eric M. Levin , Assistant Attorneys General, Chicago, of counsel), for the People.

Donald J. Ramsell , Ramsell & Associates, L.L.C., Wheaton, and Nicole Sartori , Fox Valley Law Center, Aurora, for appellee.

Joseph P. Bruscato and Patrick Delfino , The Illinois State's Attorneys Association, Springfield ( Scott Jacobson , of counsel), for amicus curiae Illinois State's Attorneys Association.

Harvey Grossman and Adam Schwartz , Roger Baldwin Foundation of ACLU, Inc., Chicago, and Richard J. O'Brien and Sean Siekkinen , Sidley Austin LLP, Chicago, for amicus curiae American Civil Liberties Union of Illinois.

OPINION

Chief Justice GARMAN delivered the judgment of the court, with opinion.

¶ 1 Defendant, DeForest Clark, was indicted by a grand jury in Kane County on two counts of eavesdropping (720 ILCS 5/14-2(a)(1)(A) (West 2010)). Count I alleged that defendant used an eavesdropping device to record a conversation between himself and attorney Colleen Thomas without her consent. Count II alleged that defendant had used an eavesdropping device to record a...

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