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…]Facebook Self Authenticating Business Record
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…]Shot In The Butt First Excited Utterance Second
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…]Domestic Battery Hearsay Takes A Backseat To Crawford
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…]Indicia Of Residency (Mail In A House Addressed To Defendant) Is Not Hearsay
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 moreGood Example Of Excited Utterance Evidence In A “Victimless” Prosecution
People v. Kinnerson, 2020 IL App (4th) 170650 (May). Episode 778 (Duration 6:55)
Good discussion on 911 call excited utterance evidence.
Read moreCourse of Conduct Shenanigans And How To Shut It Down
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 moreFoundation For A Facebook Message Not Complicated
People v. Brand, 2020 IL App (1st) 171728 (March). Episode 763 (Duration 10:49)
Defendant sent threatening messages to the victim using facebook.
Read moreRule Of Evidence 613(c) On Prior Consistent Statement Has Been Amended And It Makes Sense Now
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 moreBe Careful With Admissions By Omissions
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.
Hearsay Course Of Conduct Evidence Was Not An Error
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…]State Needs To Bring In A Body To Admit Certification Letter From Illinois State Police
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…]