Illinois Appellate Court
Criminal Court
Subpoenas
Court held hospital in civil contempt for failing to comply with a subpoena order to produce medical records the State requested for medical records of victim in aggravated battery case. Hospital was mandated to assert physician-patient privilege to ensure that victim's records would be protected in accordance with section 8-802 of Code of Civil Procedure. State offered no evidence that victim had consented to disclosing her records. State has no duty to provide the records to Defendant because it never possessed them and has no greater ability to obtain them, and State has no duty to obtain the records under Rule 412. (LYTTON and WRIGHT, concurring.)