This case presents question as to whether trial court properly denied request by intervenors (newspaper and radio station) to open for public inspection 4th and 5th motions in limine filed under seal by defendant in criminal proceeding. Appellate Court found that: (1) instant motions in limine seeking exclusion of prejudicial and irrelevant evidence were subject to presumption of public access under First Amendment when trial court had granted defendant leave to file said motions in limine; and (2) trial court erred in finding that said presumption did not attach to instant motions. As such, Appellate Court remanded matter back to trial court for determination as to whether said presumption was rebutted by finding that request for disclosure was made for improper purpose.
Illinois Supreme Court PLAs
Criminal Court
First Amendment