People v. Cross

Illinois Appellate Court
Criminal Court
Murder
Citation
Case Number: 
2021 IL App (4th) 190114
Decision Date: 
Thursday, October 21, 2021
District: 
4th Dist.
Division/County: 
Vermilion Co.
Holding: 
Affirmed.
Justice: 
STEIGMANN

Defendant was convicted, after jury trial, of 1st degree murder and sentenced to 59 years. A defendant's acts that cause or contribute to a postponement of trial are sufficient for finding that a delay in the speedy-trial term is occasioned by defendant. It is not necessary that a set trial date is actually moved and postponed for a defendant to be deemed to have cased a delay under the Speedy Trial Act. State presented sufficient evidence for jury to conclude that State proved Defendant guilty beyond a reasonable doubt. Court properly excluded a music video, made 3 months after the shooting, in which Defendant's cousin suggested that he shot the victim. Statements in video were too vague, lacking any details, other than the killing itself, to corroborate; and there was no opportunity to cross-examine the cousin because he was killed before trial. The reliability of a statement is diminished when it is created as a part of an artistic endeavor. (HOLDER WHITE, concurring; CAVANAGH, concurring in part and dissenting in part.)