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Court Is Taking The Discovery Rules Seriously In Summary Suspension Hearings
People v. Patel, 2019 IL App (2d) 170766 (March). Episode 603 (Duration 19:01)
State failed to produce discover for the SSS Hearing, they subsequently blew Trainor.
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Charges
Defendant was charged with two counts of driving while under the influence of alcohol (625 ILCS 5/11-501(a)(1), (a)(2) (West 2016)), improper lane usage (id. § 11-709(a)), and speeding (id. § 11-601(b)).
He was suspended.
Files Petition
Before his first appearance defendant petitioned to rescind the summary suspension of his driving privileges (see id. § 2-118.1(b)). Along with that petition, defendant filed and served on the State motions for discovery and notices to produce pursuant to Illinois Supreme Court Rules 214 and 237.
The discovery requests included, among other things, the booking room video and the breathalyzer accuracy-check records.
The State filed no objections to any of the requests.
The Civil Discovery Rules
Rule 201. General Discovery Provisions
(b) Scope of Discovery.
(1) Full Disclosure Required. Except as provided in these rules, a party may obtain by discovery full disclosure regarding any matter relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking disclosure or of any other party, including the existence, description, nature, custody, condition, and location of any documents or tangible things, and the identity and location of persons having knowledge of relevant facts. The word “documents,” as used in Part E of Article II, includes, but is not limited to, papers, photographs, films, recordings, memoranda, books, records, accounts, communications and electronically stored information as defined in Rule 201(b)(4).
(d) Time Discovery May Be Initiated. Prior to the time all defendants have appeared or are required to ap...
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By Police NuggetsPeople v. Patel, 2019 IL App (2d) 170766 (March). Episode 603 (Duration 19:01)
State failed to produce discover for the SSS Hearing, they subsequently blew Trainor.
Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download
APPLE PODCASTS GOOGLE PODCASTS
SPOTIFY ANDROID RSS
DIRECT DOWNLOAD
Charges
Defendant was charged with two counts of driving while under the influence of alcohol (625 ILCS 5/11-501(a)(1), (a)(2) (West 2016)), improper lane usage (id. § 11-709(a)), and speeding (id. § 11-601(b)).
He was suspended.
Files Petition
Before his first appearance defendant petitioned to rescind the summary suspension of his driving privileges (see id. § 2-118.1(b)). Along with that petition, defendant filed and served on the State motions for discovery and notices to produce pursuant to Illinois Supreme Court Rules 214 and 237.
The discovery requests included, among other things, the booking room video and the breathalyzer accuracy-check records.
The State filed no objections to any of the requests.
The Civil Discovery Rules
Rule 201. General Discovery Provisions
(b) Scope of Discovery.
(1) Full Disclosure Required. Except as provided in these rules, a party may obtain by discovery full disclosure regarding any matter relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking disclosure or of any other party, including the existence, description, nature, custody, condition, and location of any documents or tangible things, and the identity and location of persons having knowledge of relevant facts. The word “documents,” as used in Part E of Article II, includes, but is not limited to, papers, photographs, films, recordings, memoranda, books, records, accounts, communications and electronically stored information as defined in Rule 201(b)(4).
(d) Time Discovery May Be Initiated. Prior to the time all defendants have appeared or are required to ap...