People v. Reimer
971 N.E.2d 1134
Ill. App. Ct.2012Background
- Robert Reimer charged with one count of home repair fraud under 815 ILCS 515/3(a)(1).
- Indictment premised on alleged promises of performance not intended to be performed at time of contract.
- Grand jury proceedings included misstatements of law by the State about intent as an element.
- Watts severed subsection (c) of §3(a)(1); thus reliance on (c) before trial was improper.
- Circuit court denied motion to dismiss; verdict of guilt followed; appeal challenged grand jury due process.
- Court held misstatements deprived due process; remanded with instructions to dismiss indictment without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did grand jury due process violation from State’s misstatements? | Reimer | Reimer | Yes, due process violated. |
| Does misstatement warrant dismissal of indictment? | Reimer | Reimer | Yes, indictment dismissed without prejudice. |
| Effect of Watts severance on grand jury conduct? | Reimer | Reimer | Subsection (c) severed; misstatements still prejudicial. |
Key Cases Cited
- People v. Watts, 181 Ill.2d 133 (1998) (severed (c) unconstitutional; presumption invalid; intent at contract time is element)
- People v. DiVincenzo, 183 Ill.2d 239 (1998) (due process if prosecutor misleads grand jury; indictment may be dismissed)
- People v. Fassler, 153 Ill.2d 49 (1992) (prejudice required for dismissal of indictment due to prosecutorial misconduct)
- People v. Watts, 181 Ill.2d 133 (1998) (constitutional limits on presumptions; severance of (c))
- People v. Hart, 338 Ill. App.3d 983 (2003) (intentional deception not required for due process violation (discussed))