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.
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.
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…]
Are DNA Analysis Reports Testimonial Statements Under Crawford?
See People v. Barner, 2015 IL 16949 (April). Episode 068 (Duration 27:00)
Testimonial statements under Crawford have a simple rule. The person making the statement must be in court and available for cross-examination. [Read more…]