People v. Jones

Illinois Appellate Court
Criminal Court
Expert Witnesses
Citation
Case Number: 
2015 IL App (1st) 121016
Decision Date: 
Tuesday, March 31, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Reversed and remanded.
Justice: 
PUCINSKI
Defendant was convicted, after jury trial, of first-degree murder based on circumstantial evidence and expert opinion testimony of firearm/toolmark examiner who identified bullet found by victim as being fired from Defendant's gun. Court erred in admitting testimony of firearm/toolmark examiner, as expert's testimony failed minimum foundational requirements for general expert testimony. Expert testified that he found "sufficient agreement" but did not testify to any facts that formed bases or reasons for this ultimate opinion that bullet matched Defendant's gun. Expert's opinion testimony substantially prejudiced Defendant, as it essentially placed murder weapon in Defendant's hands.(HYMAN, concurring; MASON, dissenting.)