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Internal education and training for the Kane County State's Attorney's Office.

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Certified Business Record Exception Includes Medical Records

December 21, 2022 By Samuel Partida, Jr.

People v. Deroo, 2022 IL 126120 (March). Episode 847 (Duration 11:14)

Illinois Supreme Court amends the business record exception so that it includes medical records and medical opinions.

[Read more…]

Filed Under: Hearsay Tagged With: Business Records

Facebook Self Authenticating Business Record

October 21, 2022 By Samuel Partida, Jr.

People v. Curry, 2020 IL App (2d) 180148 (September). Episode 827 (Duration 5:11)

I guess you can get Facebook to authenticate their records.

[Read more…]

Filed Under: Hearsay Tagged With: Facebook

Shot In The Butt First Excited Utterance Second

October 4, 2022 By Samuel Partida, Jr.

People v. Mayberry, 2020 IL App (1st) 181806 (September). Episode 823 (Duration 8:30).

Victim gets shot in the butt then makes an excited utterance that is not considered testimonial in nature.

[Read more…]

Filed Under: Hearsay Tagged With: Excited Utterance

Domestic Battery Hearsay Takes A Backseat To Crawford

October 3, 2022 By Samuel Partida, Jr.

People v. Busch, 2020 IL App (2d) 180229 (September). Episode 822 (Duration 7:22)

725 ILCS 5/115-10.2a is technically a valid and constitutional statute but the Crawford analysis typically controls the admissibility of hearsay statements.

[Read more…]

Filed Under: Hearsay Tagged With: Crawford, Domestic Violence

Indicia Of Residency (Mail In A House Addressed To Defendant) Is Not Hearsay

July 15, 2020 By Samuel Partida, Jr.

People v. Neal, 2020 IL App (4th) 170869 (June). Episode 799 (Duration 12:53)

Letters and mail used as indicia of residency is not hearsay.

Read more

Filed Under: Hearsay

Good Example Of Excited Utterance Evidence In A “Victimless” Prosecution

May 27, 2020 By Samuel Partida, Jr.

People v. Kinnerson, 2020 IL App (4th) 170650 (May). Episode 778 (Duration 6:55)

Good discussion on 911 call excited utterance evidence.

Read more

Filed Under: Hearsay

Course of Conduct Shenanigans And How To Shut It Down

May 13, 2020 By Samuel Partida, Jr.

People v. Gladney, 2020 IL App (3d) 180087 (April). Episode 772 (Duration 8:04)

When the state makes this argument “objection” alarm bells got to be going off in your head.

Read more

Filed Under: Hearsay

Foundation For A Facebook Message Not Complicated

April 15, 2020 By Samuel Partida, Jr.

People v. Brand, 2020 IL App (1st) 171728 (March). Episode 763 (Duration 10:49)

Defendant sent threatening messages to the victim using facebook.

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Filed Under: Hearsay

Rule Of Evidence 613(c) On Prior Consistent Statement Has Been Amended And It Makes Sense Now

January 21, 2020 By Samuel Partida, Jr.

People v. Moffett, 2019 IL App (2d) 180964 (December). Episode 729 (Duration 9:50)

New prior consistent statement rule makes it clear that admissible hearsay is coming in even if it is consistent with other testimony.

Read more

Filed Under: Hearsay, Prior Consistent Statement

Be Careful With Admissions By Omissions

April 17, 2019 By Samuel Partida, Jr.

People v. Ruiz, 2019 IL App (1st) 152157 (March). Episode 617 (Duration 15:47)

Defendant’s conversation with his buddy is recorded and his friend kept telling him he always takes things too far.

[Read more…]

Filed Under: Accountability, Hearsay, Podcast

Hearsay Course Of Conduct Evidence Was Not An Error

February 12, 2019 By Samuel Partida, Jr.

People v. Davison, 2019 IL App (1st) 161094 (February). Episode 589 (Duration 15:22)

Another example of evidence that was admitted to demonstrate the course of the police investigation.

[Read more…]

Filed Under: Hearsay

State Needs To Bring In A Body To Admit Certification Letter From Illinois State Police

November 19, 2018 By Samuel Partida, Jr.

People v. Stewart, 2018 IL App (3d) 160205 (November). Episode 560 (Duration 5:23)

You got to object when they try to admit the gun letter. [Read more…]

Filed Under: Confrontation, Hearsay

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