The State appealed from a trial court order granting the defendant’s motion to dismiss her indictment on five counts of misapplication of funds and 10 counts of official misconduct. Defendant had argued that the statutory provision underlying the charges for misapplication of funds was inapplicable to her alleged conduct and that the indictment for official misconduct was obtained through the presentation of false or misleading evidence. The appellate court affirmed, finding that the grand jury testimony was deceptive and inaccurate and that the evidence and testimony presented at the dismissal hearing demonstrated that the State could not prove defendant violated the law and, as a result, she was denied due process. (McLAREN and HUTCHINSON, concurring)
Illinois Appellate Court
Criminal Court
Due Process