Silence as Self-Incrimination after Salinas v. TexasBy Robin B. MurphyApril 2014Article, Page 184After Salinas, non-custodial suspects must expressly invoke the right to remain silent, or silence can be held against them. But in Illinois, state law provides some evidentiary protection.
A Guide to the Confrontation ClauseBy Geoffrey BurkhartJune 2013Article, Page 304When does the Sixth Amendment require prosecutors to produce a live witness rather than an out-of-court statement against a defendant? Here's a look at the latest developments.
A Primer on Medical Records as EvidenceBy Brion DohertyFebruary 2013Article, Page 82Knowing how and when medical records are admissible in a p.i. trial means understanding the business records hearsay exception.
Tips for Authenticating Social Media EvidenceBy Nicholas O. McCannSeptember 2012Article, Page 482Illinois practitioners should prepare to meet strict authentication requirements until clear rules are established. Here's a look at the cases and advice about how to proceed.
Missing Video Evidence in DUI Cases after People v. KladisBy Thomas KantasMay 2012Article, Page 250In Kladis, the Illinois Supreme Court ruled that the state commits a discovery violation if it loses or destroy video evidence in a misdemeanor DUI case. Here's a look at this and related cases.
Offers to pay medical expenses excluded for purposes of showing liabilityMay 2012Illinois Law Update, Page 240A defendant's offer to pay a plaintiff's medical expenses is inadmissible when offered to prove the defendant's liability for the plaintiff's injuries. According to an Illinois Appellate Court ruling on March 5, 2012, the Illinois Code of Civil Procedure and the more recent adoption of the Illinois Rules of Evidence block the aforementioned evidence.
The bloody truth about DUI testingBy Helen W. GunnarssonOctober 2011Lawpulse, Page 490Just because the state has blood test results to use against your DUI client doesn't mean the case is over, a defense lawyer argues.
Character on TrialBy Hon. Ron SpearsFebruary 2011Column, Page 102Judge Justice and his colleagues express their misgivings about character evidence.
No evidentiary limitations to statements of a minor in a temporary custody hearingJanuary 2011Illinois Law Update, Page 16On October 21, 2010, the Supreme Court of Illinois held that the evidentiary limitations of section 2-18(4)(c) of the Juvenile Court Act do not apply to the out-of-court statements of a minor in a temporary custody hearing, where such statements relate to allegations of abuse or neglect.
All Hail the Illinois Rules of EvidenceBy Helen W. GunnarssonDecember 2010Article, Page 620On January 1, Illinois finally joins the vast majority of states by codifying its rules of evidence. Here are highlights of the new code.
At long last, the codified Illinois Rules of EvidenceBy Helen W. GunnarssonNovember 2010Lawpulse, Page 558Effective January 1, Illinois' new evidence code pulls together evidentiary rules heretofore scattered among various cases, statutes and court rules - and makes a few subtle changes.
Averett a win for prosecutorsBy Helen W. GunnarssonJune 2010Lawpulse, Page 286The Illinois high court rules that it isn't reversible error for a trial court to defer ruling on motions in limine to exclude prior convictions unless defendants testify - and that's bad news for defendants who choose not to testify.
Codifying Illinois’s rules of evidenceBy Helen W. GunnarssonMay 2010Lawpulse, Page 230A supreme court committee's proposed organizational scheme, fashioned after the Federal Rules of Evidence, would pull together Illinois' widely scattered evidence rules.