{
  "id": 5379417,
  "name": "The People ex rel. Jane MacMillian, Petitioner, vs. Alexander J. Napoli, Judge, Respondent",
  "name_abbreviation": "People ex rel. MacMillian v. Napoli",
  "decision_date": "1966-05-23",
  "docket_number": "No. 39488",
  "first_page": "80",
  "last_page": "82",
  "citations": [
    {
      "type": "official",
      "cite": "35 Ill. 2d 80"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
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  "last_updated": "2023-07-14T18:37:37.175519+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The People ex rel. Jane MacMillian, Petitioner, vs. Alexander J. Napoli, Judge, Respondent."
    ],
    "opinions": [
      {
        "text": "Mr. Justice House\ndelivered the opinion of the court:\nThis is an original mandamus action in which petitioner seeks to compel the judge before whom her criminal case is pending to treat as binding on him an order of another judge granting her pre-indictment motion to suppress evidence.\nOn April 8, 1965, Jane MacMillian filed her motion in the municipal division of the circuit court of Cook County to suppress the evidentiary use of narcotics found in her apartment. On May 11, she was indicted for unlawful possession of narcotics. On May 14, Judge Wendt granted the motion to suppress. On May 28, Judge Napoli of the criminal division of the circuit court ruled that the suppression order was not conclusive in the criminal trial and that he would entertain a motion to suppress the use of narcotics as evidence.\nSection 114 \u2014 12 of the Code of Criminal Procedure (111. Rev. Stat. 1963, chap. 38, par. 114 \u2014 12) provides that a person aggrieved by an unlawful search and seizure may move the court for the return of property and to suppress as evidence anything so obtained. The section further provides, \u201cIf the motion is granted the property shall be restored, unless otherwise subject to lawful detention, and it shall not be admissible in evidence against the movant at any trial.\u201d\nThe People argue that petitioner is attempting in this mandamus action to gain an appeal of a nonfinal order. The short answer to this contention is that petitioner is not seeking a reversal of Judge Napoli\u2019s ruling; rather, she has commenced a new action asking that Judge Napoli be compelled to treat as binding the order entered by Judge Wendt.\nThe People then argue that Judge Wendt did not have jurisdiction to enter the suppression order. Section 114\u2014 12(c) provides that the motion shall be made only before a court with jurisdiction to try the offense, and the People contend that the offense of unlawful possession of narcotics, a felony, cannot be tried before the municipal court of Chicago. The cases cited by the People indicating that the municipal court of Chicago is without felony jurisdiction were decided before new section 8 of article VI of our constitution was adopted. Both Judge Wendt and Judge Napoli are judges of the circuit court of Cook County.\nThe plain unambiguous language of section 114 \u2014 12(b) is that if a pretrial motion to suppress evidence is granted, the evidence suppressed under such order \u201cshall not be admissible in evidence against the movant at any trial.\u201d If the People are -not content with an order granting a motion to suppress, they have the right to appeal from such an order. (Ill. Rev. Stat. 1965, chap, no, par. 101.27.) The writ of mandamus will issue.\nWrit awarded.",
        "type": "majority",
        "author": "Mr. Justice House"
      }
    ],
    "attorneys": [
      "Marshall Patner, of Chicago, for petitioner.",
      "Daniel P. Ward, State\u2019s Attorney, of Chicago, (Elmer C. Kissane and Kenneth L. Gillis, Assistant State\u2019s Attorneys, of counsel,) for respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 39488.\nThe People ex rel. Jane MacMillian, Petitioner, vs. Alexander J. Napoli, Judge, Respondent.\nOpinion filed May 23, 1966.\nRehearing denied September 21, 1966.\nMarshall Patner, of Chicago, for petitioner.\nDaniel P. Ward, State\u2019s Attorney, of Chicago, (Elmer C. Kissane and Kenneth L. Gillis, Assistant State\u2019s Attorneys, of counsel,) for respondent."
  },
  "file_name": "0080-01",
  "first_page_order": 82,
  "last_page_order": 84
}
