[Download] "People Ex Rel. Fisher v. Carey" by Supreme Court of Illinois # eBook PDF Kindle ePub Free

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eBook details

• Title: People Ex Rel. Fisher v. Carey
• Author : Supreme Court of Illinois
• Release Date : January 19, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

James Doherty, public defender of Cook County, filed this class action, on behalf of Arthur Fisher and others who have been or will be charged with criminal offenses, to enjoin Bernard Carey, the State's Attorney of Cook County, from intercepting subpoenaed police reports. The State's Attorney filed a third-party action to enjoin the public defender from causing the issuance of subpoenas duces tecum upon the police department. The circuit court of Cook County, in a written opinion, denied both requests for injunctions, but held that the public defender must first seek production of the police reports under our rules of discovery (58 Ill.2d Rules 411, 414, 415; 65 Ill.2d Rules 412, 413) before utilizing subpoenas duces tecum; and that the State may not intercept police reports which have been subpoenaed, but the police must deliver the subpoenaed documents directly to the court. The public defender appealed and the State's Attorney cross-appealed to the appellate court, which affirmed, with a dissent (64 Ill. App.3d 239). We allowed the public defender's petition for leave to appeal (65 Ill.2d R. 315).

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