People v. Ousley

Chief Justice Fitzgerald and Justices Freeman, Kilbride, Garman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION

At issue in this case is whether the Illinois use immunity statute (725 ILCS 5/106 — 2.5 (West 2006)) is mandatory or permissive. The State filed a motion in the circuit court of Cook County seeking an order allowing it to grant use immunity to Tyrese Jackson in order to compel his testimony against his codefendants, Tony Ousley and Dariento Atterberry. The trial court denied the State’s motion. The appellate court affirmed, holding that the use immunity statute is…