In re K.E.F.

State: Illinois

Docket No: 107402 Rel

Case Date: 12/17/2009

Preview:Docket No. 107402.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

In re K.E.F., a Minor (The People of the State of Illinois, Appellant, v. K.E.F., Appellee). Opinion filed December 17, 2009.

JUSTICE KARMEIER delivered the judgment of the court, with opinion. Chief Justice Fitzgerald and Justices Thomas, Kilbride, and Garman concurred in the judgment and opinion. Justice Burke dissented, with opinion, joined by Justice Freeman.

OPINION The issue presented for our consideration, as framed by the appellant, the People of the State of Illinois, is whether the State "may file an interlocutory appeal from a mid-trial order that suppresses evidence or has the substantive effect of terminating the prosecution in a juvenile delinquency proceeding." Because we find that the circuit court's order does not suppress evidence within the meaning of Supreme Court Rule 604(a)(1) (210 Ill. 2d R. 604(a)(1)), we need not address whether Rule 604(a)(1) applies in this context.

BACKGROUND In August of 2006, a delinquency petition was filed in the circuit court of Livingston County alleging that respondent, K.E.F., was a delinquent minor in that he had committed unlawful restraint and various sexual offenses against his sister, K.M.F. Prior to the adjudicatory hearing, the State, pursuant to section 115

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