People v. Hathaway

In August 1993, the trial court granted defendant’s motion to suppress all evidence obtained through the alleged improper use of the subpoena power by the Vermilion County State’s Attorney’s office. The State appeals, and we reverse.

I. BACKGROUND

In December 1991, defendant, Jerry Hathaway, was involved in a one-car accident in Vermilion County. Deputy William Cottrell, the first officer to arrive at the scene, noticed the smell of alcohol about defendant before he was taken by ambulance to United Samaritan’s Medical Center (USMC). While at the hospital, a blood sample was obtained from…