People v. Hart

JUSTICE McLAREN,

specially concurring:

I believe that defendant’s arguments regarding the denial of the motion to dismiss and insufficient proof of guilt beyond a reasonable doubt lack merit as a matter of law. Therefore, I do not believe that it is necessary to either mischaracterize defendant’s claims or opine, as does the majority, “that there must be, at the very least, intent on the part of some State actor to materially mislead the grand jury in order to give rise to a violation of due process.” 338 Ill. App. 3d at 991.

Even though the trial court did not find that the testimony was false…