People v. Baker

(Modified upon denial of rehearing 3/7/19.) Defendant was convicted, after jury trial, of 2 counts of domestic battery of his live-in girlfriend, who was developmentally disabled. Admission of victim's testimony as to what she told others about the incident was not error. There was no prior consistent statement, and thus victim's credibility was not unfairly enhanced. Admission of case worker's testimony about what victim told him was improperly admitted as an excited utterance, as Illinois Rule of Evidence 613(c) now prohibits admission of a prior consistent statement as substantive evidence under any hearsay exception. As evidence was not closely balance, admission of that statement was not plain error.(BURKE and HUDSON, concurring.)