In re Manuel M.

Illinois Appellate Court
Criminal Court
Confrontation
Citation
Case Number: 
2016 IL App (1st) 162381
Decision Date: 
Friday, February 10, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Reversed and remanded.
Justice: 
HOFFMAN

Court adjudicated Respondent a delinquent minor (age 16 at time of offenses) for his commission of 2 counts of aggravated unlawful use of a weapon and 1 count of unlawful possession of a firearm. Respondent was arrested for reckless conduct while he was sitting in a park, and officer claimed he saw him flashing gang signs at passing cars; search revealed a pistol in his pants. Respondent's right of confrontation was violated when his attorney was prevented from questioning officer as to exact location where he conducted his surveillance; and his right to public trial were violated when, during in camera examination of officer from which he and his attorney were excluded, prosecutor was permitted to question officer and argue in support of State's objection to disclosure of surveillance location. (CUNNINGHAM and ROCHFORD, concurring.)