By Samuel Partida, Jr.
People v. Maillet, 2019 IL App (2d) 161114 (July). Episode 1086 (Duration 9:11)
The legislature’s intent undoubtedly was to protect the privacy rights of the person who was video recorded without that person’s consent in that person’s residence, where that person would have an increased expectation of privacy, regardless of the residence of the person who made the recording.
[Read more…]By Samuel Partida, Jr.
People v. Cologne, 2024 IL App (1st) 230520 (November). Episode 1083 (Duration 5:54)
The admissibility of a statement within a music video depends on whether the statement bears a “strong nexus” to the circumstances of the offense for which the defendant is on trial.
[Read more…]By Samuel Partida, Jr.
People v. Perkins, 2024 IL App (2d) 230214 (July). Episode 1056 (Duration 8:11)
It is not the number of inaudible portions that adversely affects trustworthiness; instead, it is the reason for the inaudible portions
[Read more…]By Samuel Partida, Jr.
People v. Longs, 2024 IL App (4th) 230501 (May). Episode 1047 (Duration 13:20)
The witness must only have had contact with the defendant, that the jury would not possess, to achieve a level of familiarity that renders the opinion helpful.
[Read more…]By Samuel Partida, Jr.
People v. Smith, 2022 IL 127946 (November). Episode 970 (Duration 13:34)
A cell phone video, like those at issue, could therefore qualify as a “duplicate” of any original footage it recorded.
[Read more…]By Samuel Partida, Jr.
People v. Smith, 2021 IL App (5th) 190066 (October). Episode 912 (Duration 15:20).
No evidence suggests that the police purposefully designed the prevention of the original surveillance video, so Best Evidence Rule was not an issue, additionally, concurring opinion found that silent witness rule supports the admission of the video clips.
[Read more…]By Samuel Partida, Jr.
People v. Hollahan, 2020 IL 125091 (September). Episode 821 (Duration 6:50)
Illinois Supreme Court reverses appellate court on appropriateness of allowing a jury to re-watch video in the courtroom.
[Read more…]By Samuel Partida, Jr.
People v. Thompson, 2016 IL 118667 (January). Episode 135 (Duration 6:10)
Layperson opinion testimony identifying defendant as the person depicted in video evidence is proper. [Read more…]