In re John Doe Investigation

Illinois Appellate Court
Civil Court
Appeals
Citation
Case Number: 
No. 2-09-1355, 2011 IL App (2d) 091355
Decision Date: 
Monday, July 11, 2011
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Appeal dismissed.
Justice: 
HUTCHINSON
(Court opinion corrected 7/18/11.) Appellants witnessed shooting death of man by City police officers, and were subpoenaed to testify before grand jury in six days, on 12/23/09. Court denied appellants' emergency petition to continue subpoenas to 1/6/10 to allow them time to communicate with counsel, and to allow for their previous plans to travel out of town for Christmas. Because appellants filed notice of appeal after trial court had entered a nonfinal order denying their emergency petition, and trial court has not yet entered a final order in the independent contempt proceeding (filed by State based on appellants' failure to appear before grand jury), their notice of appeal was premature. (McLAREN and BIRKETT, concurring.)