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2024 Op. Ill. Att'y Gen. 1 (2024)

handle is hein.sag/sagil0155 and id is 1 raw text is: 









                        OFFICE   OF THE   ATTORNEY GENERAL
                                    STATE  OF ILLINOIS
 KWAME RAOUL
   ATTORNEY GENERAL                 December  12, 2024




FILE NO.  24-001


CRIMINAL LAW AND PROCEDURE:
Authority of State's Attorney to
Disclose Brady Material Found
in LEADS  Reports



The Honorable  Jamie L. Mosser
State's Attorney, Kane County
Kane  County       <Center
37W777     ut    ,   it  00
St. Char s  llinois 60

Dear M     osser:

                   e y  r letter inquiring whether Illinois Supreme Court Rule 412 (effective

March  1, 2001) and the requirements set forth in decisions like Brady v. Maryland, 373 U.S. 83

(1963), and its progeny, provide legal authorization for a State's Attorney's office to disclose

relevant Law Enforcement Agencies  Data System (LEADS)   information to an attorney who is

representing a defendant in a criminal prosecution. If not, you have asked how a State's

Attorney's office should appropriately carry out its duties during a criminal prosecution

consistent with its obligations under Illinois Supreme Court Rule 412, Brady and its progeny,






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