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People v. McClanahan

Case Date: 11/16/1998
Court: 4th District Appellate
Docket No: 4-97-0792



People v. McClanahan, No. 4-97-0792

4th Dist. 11-16-98



NO. 4-97-0792

November 16, 1998

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff-Appellee,

v.

DONALD E. McCLANAHAN,

Defendant-Appellant

 Appeal from

Circuit Court of

Sangamon County

No. 96CF547

Honorable

Jeanne E. Scott,

Judge Presiding.



JUSTICE GREEN delivered the opinion of the court:

Section 115-15 of the Code of Criminal Procedure of 1963 (Procedure Code) provides for the admissibility in evidence of a laboratory report from the Department of State Police, Division of Forensic Services and Identification, in a criminal case concerning controlled substance violations if (1) certain certifications are made; (2) a copy of the report is timely served upon defense counsel; and (3) the defense failed to demand "the testimony of the person signing the report *** within 7 days from *** receipt of the report" (725 ILCS 5/115-15(c) (West 1996)). The major question in this case is whether section 115-15 violates the confrontation clause of the sixth amendment to the United States Constitution incorporated in the fourteenth amendment thereof (U.S. Const., amends. VI, XIV) and similar provisions of section 8 of article I of the Illinois Constitution of 1970 (Ill. Const. 1970, art. I,