People v. Hayes

Illinois Appellate Court
Criminal Court
Closing Argument
Citation
Case Number: 
2011 IL App (1st) 100127
Decision Date: 
Tuesday, November 15, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
HARRIS
Defendant was convicted, after jury trial, of aggravated battery with a firearm. Jury was aware of inconsistencies and of witnesses' possible motivations for testifying, and found witnesses, who testified that Defendant fired first shot, more credible than Defendant. Defense counsel exercised judgment and trial strategy in deciding to present evidence under rationale consistent with his theory of case, and in not presenting evidence of witness' violent character. No prejudice in prosecutor stating, in closing argument, that jury would receive copy of witness' redacted statement, even before jury requested it and without judge allowing it, as statement was admitted as substantive evidence and would be valuable to jury due to contradictions with trial testimony. (CUNNINGHAM and CONNORS, concurring.)