People v. Golden, 2021 IL App (2d) 200207 (September). Episode 907 (Duration 9:34)
Any conduct intended to interfere with a witness’s availability to testify at the defendant’s trial constitutes wrongdoing.
[Read more…]Admission By A Party Opponent Cannot Make Admissible That Which Is Inadmissible
People v. Sanders, 2021 IL App (5th) 180339 (April). Episode 889 (Duration 13:54)
Murder conviction reversed because of improper impeachment by the State.
[Read more…]Twitter Messages Admitted Even Though Not Tied Back To Defendant
People v. Bell, 2021 IL App (1st) 190366 (March). Episode 881 (Duration 6:57)
Twitter messages admitted to show exactly how the victim was able to identify the defendant.
[Read more…]This 911 Call Constituted A Proper Excited Utterance
People v. Morales, 2021 IL App (2d) 190408 (February). Episode 876 (Duration 3:51)
The operator’s preliminary questions were clearly an effort to determine the nature of the situation and the type of assistance that Ross required, rather than a persistent interrogation.
[Read more…]Certified Business Record Exception Includes Medical Records
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.
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