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PEOPLE v. TRAINOR

No. 89350.

752 N.E.2d 1055 (2001)

196 Ill.2d 318

256 Ill.Dec. 813

The PEOPLE of the State of Illinois, Appellant, v. Timothy TRAINOR, Appellee.

Supreme Court of Illinois.

May 24, 2001.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield, and Michael T. James, State's Attorney, Ottawa (Joel D. Bertocchi, Solicitor General, William L. Browers and Lisa A. Smith, Assistant Attorneys General, Chicago, Norbert J. Goetten, James X. Breslin and Terry A. Mertel, Office of the State's Attorneys Appellate Prosecutor, Ottawa, of counsel), for the People.

Edward F. Kelly, Wenona, for appellee.

Justice FITZGERALD delivered the opinion of the court:

At issue in this appeal is whether, pursuant to a defendant's filing of an application for recovery under the Sexually Dangerous Persons Act (725 ILCS 205/3.01 (West 1998)), the State can obtain summary judgment. In the present situation, the La Salle County circuit court granted the State's motion for summary judgment following Timothy Trainor's application for recovery. The appellate court reversed the circuit...

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