| People v. McClanahan, No. 4-97-0792 4th Dist. 11-16-98 |
NO. 4-97-0792
November 16, 1998
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
| THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DONALD E. McCLANAHAN, Defendant-Appellant | Appeal from Circuit Court of Sangamon County No. 96CF547 Honorable Jeanne E. Scott, Judge Presiding. |
JUSTICE GREEN delivered the opinion of the court:
Section 115-15 of the Code of Criminal Procedure of 1963 (Procedure Code) provides for the admissibility in evidence of a laboratory report from the Department of State Police, Division of Forensic Services and Identification, in a criminal case concerning controlled substance violations if (1) certain certifications are made; (2) a copy of the report is timely served upon defense counsel; and (3) the defense failed to demand "the testimony of the person signing the report *** within 7 days from *** receipt of the report" (725 ILCS 5/115-15(c) (West 1996)). The major question in this case is whether section 115-15 violates the confrontation clause of the sixth amendment to the United States Constitution incorporated in the fourteenth amendment thereof (U.S. Const., amends. VI, XIV) and similar provisions of section 8 of article I of the Illinois Constitution of 1970 (Ill. Const. 1970, art. I,