Publications

People v. Gist

Illinois Appellate Court
Criminal Court
Motions in Limine
Citation
Case Number: 
2013 IL App (2d) 111140
Decision Date: 
Monday, March 11, 2013
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed and remanded.
Justice: 
HUDSON
Court was within its discretion in denying State's motion in limine to admit evidence of prior domestic batteries allegedly committed by Defendant against his son. Court reasonably concluded that testimony was more prejudicial than probative. Witness did not actually see Defendant strike victim, could not say whether he struck with closed fist or open hand, and single incident was of limited probative value in establishing propensity. Risk that jury might speculate on clear pattern of violence against victim was prejudicial. (BURKE and JORGENSEN, concurring.)