Illinois Appellate Court
Criminal Court
Evidence
Defendant was convicted with criminal sexual abuse and aggravated criminal sexual abuse and argued on appeal that the trial court erred when it allowed the State to introduce into evidence two photos from the defendant’s cell phone. The appellate court reversed and remanded, finding that the admission of the photos was an abuse of discretion because they had the primary effect of casting a negative light on defendant due to his sexual orientation and that it invited the jury to decide the case based on an improper propensity inference. (McLAREN and JORGENSEN, concurring)