People v. Comage

State: Illinois

Docket No: 109495 Rel

Case Date: 02/25/2011

Preview:Docket No. 109495.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. DANNY COMAGE, Appellant. Opinion filed February 25, 2011.

JUSTICE BURKE delivered the judgment of the court, with opinion. Chief Justice Kilbride and Justice Theis concurred in the judgment and opinion. Justice Freeman specially concurred, with opinion. Justice Thomas dissented, with opinion, joined by Justices Garman and Karmeier.

OPINION In this case, we must determine whether certain physical evidence was "concealed" within the meaning of Illinois' obstructing justice statute when police officers knew where the evidence was and had no difficulty recovering it, but the evidence was out of the officers' sight for approximately 20 seconds. The appellate court concluded that the evidence was concealed and, on that basis, affirmed the defendant's conviction for obstructing justice. 395 Ill. App. 3d 560. For the reasons that follow, we reverse the judgment of the appellate court.

Background In March 2007, the State charged the defendant, Danny Comage, with obstructing justice (720 ILCS 5/31

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