People v. Basile

The Illinois Supreme Court considered the question of whether the circuit court properly dismissed, with prejudice, a grand jury indictment against the defendant based on the State having presented misleading testimony to the grand jury. The appellate court affirmed, but the supreme court reversed and remanded for further proceedings on the grand jury’s bill of indictment. The supreme court explained that the record did not establish a due process violation with “unequivocally clarity” and, as a result, defendant did not meet the burden of clarity and certainty required to justify dismissal of an indictment on the basis of a due process violation. The court also explained that even if the requisite clarity were present, the defendant could not demonstrate actual and substantial prejudice. (THEIS, HOLDER WHITE, and ROCHFORD, concurring and O’BRIEN, NEVILLE, and CUNNINGHAM, dissenting)