People v. Kraybill

Illinois Appellate Court
Criminal Court
Res Judicata
Citation
Case Number: 
2021 IL App (1st) 190621
Decision Date: 
Friday, October 8, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
HARRIS

Defendant was convicted, after jury trial, of the 2003 1st degree murder in shooting death of his childhood friend. Defendant claimed that the suppression of a detective's written notes from his conversation with him in 20024 at his trial violated his due process rights.  Appellate court found no error in precluding defense counsel from cross-examining detective because there was no proof that the written notes existed or were destroyed after the November 2003 effective date of the law requrieing preservation of such notes. Claims were barred by res judicata, as the issue was raised on direct appeal. (MIKVA and ODEN JOHNSON, concurring.)