Archive, October 2011.

In an Illinois Appellate Court case that appears to be in direct conflict with the United States Supreme Court decision in Crawford v. Washington, the court inexplicably allowed the video of a 5-year old girl as substantive evidence in a criminal prosecution of sexual assault. Notwithstanding objections to blatant hearsay, the court reasoned that because the child testified at trial and was subject to cross-examination, the defendant was not deprived of his right of confrontation under the Sixth Amendment. The court minimized the fact that the video addressed issues that were not presented in…

The Illinois Appellate Court has obliterated the concept that a person charged with DUI must be proven to have caused great bodily harm or death when the violation is the "proximate cause" of the injury or death. Here, a state trooper's car with activated emergency lights was struck by a third person, and the defendant's vehicle then struck the trooper's squad. Instead of focusing on whether the defendant caused the collision and death, the court lectured on the dangers of drivers who use alcohol and who may not have adequately anticipated the accident in order to avoid it. This case, People …