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…]Identification Opinion Testimony From A Video Completely Proper But Just Follow The Proper Procedure
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…]A Video Of A Video Is Generally Admissible Because “Best Evidence Rule” Is Not A Thing Anymore
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…]Admissibility of a Recording of a Recording | Best Evidence Rule Is Not A Problem
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…]Replaying Video In Courtroom For The Jury Is Fine Says The Illinois Supreme Court
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…]Police Can Describe What’s In A Video For The Jury It’s Just Opinion Testimony
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…]