People v. Reimer

(Modified upon denial of rehearing 5/8/12.) Defendant was convicted, after jury trial, of home repair fraud. State violated Defendant's due process rights by presenting two incorrect statements of the law before grand jury, resulting in actual and substantial prejudice to Defendant. State incorrectly relied on subsection (c) of Home Repair Fraud Act despite it being severed from Act in Supreme Court case of People v. Watts. State and testifying witness incorrectly claimed that intent is not an element of the crime. Circuit court is directed to dismiss indictment without prejudice upon remand. (CONNORS, concurring; QUINN, specially concurring.)