People v. Peterson 

Illinois Appellate Court
Criminal Court
Vindictive Prosecution
Discovery
Citation
Case Number: 
No. 3-08-1025
Decision Date: 
Wednesday, February 10, 2010
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed and remanded.
Justice: 
WRIGHT
Vindictive prosecution claim is not an affirmative defense subject to mandatory Rule 412 pretrial discovery. As trial court stated that he could not find that State acted with animus or in retaliation, Defendant did not raise colorable basis for vindictive claim, thus motion to compel discovery did not request information material to a viable defense or pretrial dismissal of pending charges, but was an attempt to gain access to State's work product, thus not subject to disclosure via discovery.