People v. Eubanks

Illinois Appellate Court
Criminal Court
Domestic Battery
Citation
Case Number: 
2021 IL App (1st) 182549
Decision Date: 
Wednesday, June 30, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
GORDON

Defendant was convicted, after jury trial, of robbery and domestic battery. Court failed to give potential jurors the opportunity to respond as to their acceptance of presumption of innocence, which was a clear and obvious error. However, evidence was not closely balanced. State was not required to prove a lasting physical injury to sustain a conviction for domestic battery. Victim's testimony was corroborated before, during, and after the struggle with Defendant. Voicemail message captured the event itself, and witness and responding officer observed victim's physical state and that her apartment appeared in disarray. (REYES and MARTIN, concurring.)