People v. Howard
Appellate Court of Illinois
1Opinion of the CourtJustice Burke
Defendant, Frank J. Howard, appeals his conviction of delivery of more than 15 but less than 100 grams of a substance containing cocaine. 720 ILCS 570/401(a)(2)(A) (West 2006). He asserts that the State did not show an adequate chain of custody for the cocaine and that the evidence was thus inadequate to convict him. We agree that the chain of custody was insufficient, so that the admission of the associated evidence was error. Defendant is entitled to a reversal of his conviction and to a new trial. We note that double jeopardy principles do not bar retrial.
The State charged defendant with…
2Cases cited9 opinions
- Lockhart v. NelsonSupreme Court of the United States · 1988
- People v. WoodsIllinois Supreme Court · 2005
- People v. OliveraIllinois Supreme Court · 1995
- People v. PinkonslyIllinois Supreme Court · 2003
- People v. WhitfieldIllinois Supreme Court · 2008
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3Cited by6 opinions
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- People v. BrittonAppellate Court of Illinois · 2012
- People v. FloresAppellate Court of Illinois · 2010
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