People v. Ryan, 2024 IL App (2d) 220076 (June).Episode 1053 (Duration 3:55)
Conducting a bench trial on stipulated evidence via videoconferencing without defendant’s knowing consent to do so was structural error.
[Read more…]Confrontation Clause Does Not Give Defense Carte Blanche To Ask What They Want
People v. Pacheco, 2023 IL 127535 (September). Episode 1013 (Duration 10:30)
A trial court may impose limitations on a defense counsel’s cross-examination into the potential bias of a prosecution witness without offending the defendant’s sixth amendment right to confrontation.
[Read more…]Secretary of State Driving Abstract Is Admissible To Prove Driving Status Without Confrontation Problem
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…]Is It Constitutional To Accept Children’s Testimony Through Closed Circuit Television?
People v. Pope, 2020 IL App (4th) 180773 (May). Episode 777 (Duration 6:49)
Here we have a clear statement from the court on the constitutionality of video evidence in child sex cases.
Read moreButt In The Box Rule Means Your Available For Cross Examination: Availability Doesn’t Require Answering Too Many Questions
People v. Smith, 2019 IL App (3d) 160631 (March). Episode 619 (Duration 14:06)
Kid is available for cross even though they don’t remember the actual allegation of sexual abuse.
[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…]Judge Gets A Little Too Involved With Kid On The Stand When He Allows The Child To Whisper The Testimony
In re T.Z., 2017 IL App (4th) 170545 (December). Episode 450 (Duration 10:35)
7 year old victim is allowed to whisper the damaging testimony to the judge who then repeated the statement for the record.
[Read more…]What’s The Least A Witness Can Say And Still Be Present And Available For Cross?
People v. Dabney, 2017 IL App (3d) 140915 (October). Episode 433 (Duration 8:44)
Kid didn’t testify about some of the acts.
[Read more…]Prosecutors May Have To Rethink Gun Convictions After This Confrontation Clause Ruling
People v. Diggins, 2016 IL App (1st) 142088 (May). Episode 182 (Duration 5:14)
Is an Illinois State Police certified letter saying Defendant has no FOID testimonial in nature? [Read more…]
Witness Can Be Available Under Crawford But Unavailable Under State Statute
People v. Burnett, 2015 IL App (1st) 133610 (December 2010). Episode 123 (Duration 8:45)
Defendant was not denied his constitutional right to confrontation when the domestic violence victim testified she did not remember the incident.
[Read more…]