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PEOPLE v. McGEE

No. 5-91-0878.

614 N.E.2d 1320 (1993)

245 Ill. App.3d 703

185 Ill.Dec. 635

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Terrell McGEE, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

June 7, 1993.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Stanley P. Stasiulis, Asst. Defender, Office of the State Appellate Defender, Fifth Judicial Dist, Mt. Vernon, for defendant-appellant.

William Haine, State's Atty., Madison County, Edwardsville, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Rebecca Sanders, Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mt. Vernon, for plaintiff-appellee.

Presiding Justice CHAPMAN delivered the opinion of the court:

Terrell McGee was originally tried before a jury for armed robbery and unlawful possession of a weapon by a felon. Prior to that trial Judge Edward Ferguson granted a defense motion in limine and prohibited evidence of defendant's refusal to appear in a line-up and defendant's response to that request. The court subsequently declared a mistrial due to a hung jury.

The case was set for retrial...

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