People v. Williams, 81-575
| Court | United States Appellate Court of Illinois |
| Writing for the Court | BARRY; STOUDER; HEIPLE; HEIPLE; Although I agree with the dismissal of the People's appeal for the procedural reasons stated in the majority opinion, justice has again miscarried. As the majority pointed out |
| Citation | 438 N.E.2d 1311,63 Ill.Dec. 948,108 Ill.App.3d 219 |
| Parties | , 63 Ill.Dec. 948 PEOPLE of the State of Illinois, Plaintiff-Appellant, v. John A. WILLIAMS, Defendant-Appellee. |
| Docket Number | No. 81-575,81-575 |
| Decision Date | 30 July 1982 |
Page 1311
v.
John A. WILLIAMS, Defendant-Appellee.
Third District.
Gary L. Morris, Asst. Corp. Counsel, Peoria, on behalf of the People of the State of Ill.
Page 1312
[63 Ill.Dec. 949] BARRY, Presiding Justice:
The defendant, John A. Williams, was arrested on March 13, [108 Ill.App.3d 220] 1981, and charged with driving on a suspended license. During the defendant's bench trial on August 17, 1981, the presiding judge, John Whitney, denied the State's motion to admit into evidence an exhibit offered to prove that the defendant's license was suspended on March 13, 1981. The trial judge incorrectly ruled that the prosecution had failed to show a chain of evidence in the handling of the certified documents presented by the State.
A notice of appeal was filed by the State on September 16, 1981. However, the trial judge's order certifying the question of the need for a chain of evidence to admit certain certified copies of the defendant's driving license into evidence was not entered until September 25, 1981. Because the filing of the trial judge's order nine days after the notice of appeal was filed renders the September 16, 1981 notice of appeal a nullity, we will not entertain this appeal. There was no order from which to appeal at the time the notice of appeal was filed. Also, the State filed a notice of appeal rather than perfecting its appeal as an interlocutory appeal by seeking leave of this court, as required by Supreme Court Rule 308. Ill.Rev.Stat.1981, ch. 110A, par. 308.
Furthermore, the State cannot bring this appeal pursuant to Supreme Court Rule 604(a)(1). (Ill.Rev.Stat.1981, ch. 110A, par. 604(a)(1)). Despite suggested language in the State's brief to the contrary, the erroneous ruling by Judge Whitney was clearly an evidentiary ruling and not a suppression order.
For the foregoing reasons, this appeal is dismissed.
Appeal dismissed.
STOUDER, J., concurs.
HEIPLE, J., specially concurs with opinion.
HEIPLE, Justice, specially concurring:
Although I agree with the dismissal of the People's appeal for the procedural reasons stated in the majority opinion, justice has again miscarried. As the majority pointed out, Judge Whitney erroneously ruled that the prosecution could not admit into evidence certified documents (i.e., the driving abstract of John A. Williams)...
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People v. McQueen, 82-418
...People v. Kite (1981), 97 Ill.App.3d 817, 53 Ill.Dec. 140, 423 N.E.2d 524. The cases cited by defendant, People v. Williams (1982), 108 Ill.App.3d 219, 63 Ill.Dec. 948, 438 N.E.2d 1311, and People v. Macaluso (1976), 36 Ill.App.3d 592, 344 N.E.2d 476, concern State appeals from mid-trial ev......
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People v. Johnson, 81-840
...confidentiality of their personnel files (Ill.Rev.Stat.1979, ch. 91 1/2, par. 810). On the other hand, in People v. Williams (1982), 108 Ill.App.3d 219, 63 Ill.Dec. 948, 438 N.E.2d 1311, the court held that a midtrial appeal of a ruling that the prosecution failed to show a chain of evidenc......
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People v. Davidson, 82-125
...prosecution's failure to establish a chain of custody in the handling of a document "excluded" evidence. (People v. Williams (1982), 108 Ill.App.3d 219, 220, 63 Ill.Dec. 948, 438 N.E.2d 1311.) Conversely, the court in People v. Tomasello (1981), 98 Ill.App.3d 588, 54 Ill.Dec. 35, 424 N.E.2d......
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People v. Worthington, 82-17
...cases are: People v. Louis C. White (1982), 102 Ill.App.3d 1206, 61 Ill.Dec. 610, 434 N.E.2d 1207; People v. John A. Williams (1982), 108 Ill.App.3d 219, 63 Ill.Dec. 948, 438 N.E.2d 1311; People v. Milton Batchelder (1982), 107 Ill.App.3d 295, 63 Ill.Dec. 852, 438 N.E.2d 1215. The pattern o......
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People v. Johnson, No. 81-840
...confidentiality of their personnel files (Ill.Rev.Stat.1979, ch. 91 1/2, par. 810). On the other hand, in People v. Williams (1982), 108 Ill.App.3d 219, 63 Ill.Dec. 948, 438 N.E.2d 1311, the court held that a midtrial appeal of a ruling that the prosecution failed to show a chain of evidenc......
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People v. McQueen, No. 82-418
...People v. Kite (1981), 97 Ill.App.3d 817, 53 Ill.Dec. 140, 423 N.E.2d 524. The cases cited by defendant, People v. Williams (1982), 108 Ill.App.3d 219, 63 Ill.Dec. 948, 438 N.E.2d 1311, and People v. Macaluso (1976), 36 Ill.App.3d 592, 344 N.E.2d 476, concern State appeals from mid-trial ev......
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People v. Davidson, No. 82-125
...prosecution's failure to establish a chain of custody in the handling of a document "excluded" evidence. (People v. Williams (1982), 108 Ill.App.3d 219, 220, 63 Ill.Dec. 948, 438 N.E.2d 1311.) Conversely, the court in People v. Tomasello (1981), 98 Ill.App.3d 588, 54 Ill.Dec. 35, 424 N.E.2d......
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People v. Worthington, No. 82-17
...cases are: People v. Louis C. White (1982), 102 Ill.App.3d 1206, 61 Ill.Dec. 610, 434 N.E.2d 1207; People v. John A. Williams (1982), 108 Ill.App.3d 219, 63 Ill.Dec. 948, 438 N.E.2d 1311; People v. Milton Batchelder (1982), 107 Ill.App.3d 295, 63 Ill.Dec. 852, 438 N.E.2d 1215. The pattern o......