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. 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. 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…]By Samuel Partida, Jr.
People v. Peterson, 2017 IL 120331 (September). Episode 396 (Duration 17:32)
Drew Peterson loses his forfeiture by wrongdoing appeal to the Illinois Supreme Court.
[Read more…]