By Samuel Partida, Jr.
People v. Thomas, 2025 IL App (4th) 231504 (February). Episode 1100 (Duration 11:39)
The doctrine of forfeiture by wrongdoing does not only apply to instances where a defendant procures the declarant’s unavailability to prevent her testimony at a pending trial but also in situations where the defendant does this to prevent the declarant from reporting her abuse to the police.
[Read more…]By Samuel Partida, Jr.
People v. O’Daniell, 2024 IL App (5th) 230084 (August). Episode 1062 (Duration 11:46)
Be very suspicious when defense tries to separate the words from the conduct when the words were stated because an individual’s demeanor when making a statement is very important in determining the weight to be given that statement.
[Read more…]By Samuel Partida, Jr.
People v. Gardner, 2024 IL App (4th) 230443 (August). Episode 1061 (Duration 11:21)
How do we know this defendant’s exact wrong doing was the reason why the witness became unavailable? Short answer: deduction and inference.
[Read more…]By Samuel Partida, Jr.
People v. Chatman, 2024 IL 129133 (January). Episode 1025 (Duration 8:54)
The State had the burden of proving by a preponderance of the evidence that defendant engaged in wrongdoing that was intended to, and did, procure the witness’s unavailability.
[Read more…]By Samuel Partida, Jr.
People v. Williams, 2023 IL App (1st) 192463 (December). Episode 1022 (Duration 9:46)
The evidence was not admitted to suggest the substance of the three men’s statements, and the the State went beyond the parameters of the investigatory procedure exception.
[Read more…]By Samuel Partida, Jr.
People v. Schwandt, 2022 IL App (4th) 200583 (June). Episode 950 (Duration 4:50)
The admission of the certified driving abstract did not violate defendant’s rights under the confrontation clause
[Read more…]By Samuel Partida, Jr.
People v. Williams, 2022 IL 126918 (May). Episode 942 (Duration 6:43)
The prosecutor’s comment about hearsay was not improper, and the prosecutor’s comment on the defense’s subpoena powers was also not improper.
[Read more…]By Samuel Partida, Jr.
People v. Hudson, 2023 IL App (1st) 192519 (January). Episode 925 (Duration 10:19)
The trial court’s decision to exclude course-of-investigation testimony as “hearsay” was legal error and the jury should have been given the search warrant.
[Read more…]By Samuel Partida, Jr.
People v. Price, 2021 IL App (4th) 190043 (November). Episode 920 (Duration 10:29)
As to a proper foundation for admission, text messages are treated like any other form of documentary evidence.
[Read more…]By Samuel Partida, Jr.
People v. Brand, 2021 IL 125945 (November). Episode 919 (Duration 7:14)
These Facebook messages were sufficiently authenticated to have come from Defendant.
[Read more…]