People v. Prather

(Court opinion corrected 12/6/12.) Defendant was charged with committing aggravated battery on a victim whom the defendant knew to be pregnant. Court improperly denied State's motion in limine seeking permission for alleged victim to testify that she had used a home pregnancy test kit and had shown the positive result to Defendant. Evidence would be introduced to show notice or knowledge by Defendant that there was a substantial probability that she was pregnant, and not a substantive fact, and thus State was not required to include a foundation as to test procedures in its proffer. Defendant could attack potential unreliability of evidence in many ways, including subjecting it to Frye test prior to trial. (JORGENSEN and HUTCHINSON, concurring).