Defendant was charged with 6 counts of predatory criminal sexual assault of a child in connection with sexual abuse of his 3 young daughters. State appealed court's denial of its request to admit into evidence video-recorded interviews with all 3 girls pursuant to section 115-10 of Code of Criminal Procedure. Rule 604(a)(1) allows State to file appeals in criminal cases under limited circumstances when substantive effect of an order or judgment is to suppress evidence, such that it prevents State from presenting facts or opinions to the jury. The recorded interviews would not allow jurors to see the charged offenses as they occurred, but would only see two minors describe the events long after they occurred. Thus, appellate court is without jurisdiction. (WELCH and MOORE, concurring.)
Illinois Appellate Court
Criminal Court
Appellate Jurisdiction