Talliani v. Herrmann

Illinois Appellate Court
Civil Court
FOIA
Citation
Case Number: 
2011 IL App (3rd) 090138
Decision Date: 
Friday, August 19, 2011
District: 
3d Dist.
Division/County: 
Bureau Co.
Holding: 
Reversed and vacated in part.
Justice: 
SCHMIDT
In FOIA action, court ordered Defendant State's Attorney to provide Plaintiff transcripts of grand jury proceedings from his 1994 criminal case, for which he had been convicted and was serving sentences of 70 years and 30 years. Court improperly awarded Plaintiff his attorney's fees for undertaking the FOIA action. Section 112-6(c)(3) of Code of Criminal Procedure, and not FOIA, is proper vehicle for obtaining grand jury transcripts, as Code entitles Plaintiff only to a copy of grand jury transcripts, but does not allow him to recover his fees. (HOLDRIDGE, concurring; LYTTON, dissenting.)