People v. Franklin

Illinois Appellate Court
Criminal Court
Confrontation Clause
Citation
Case Number: 
2023 IL App (1st) 200996
Decision Date: 
Friday, June 9, 2023
District: 
1st Dist.
Division/County: 
6th Div./Cook Co.
Holding: 
Affirmed.
Justice: 
MIKVA

Defendant was convicted of aggravated criminal sexual assault and aggravated kidnapping and was sentenced to a total of 22 years in prison. Defendant argued on appeal that the trial court erred when it allowed the complaining witness, an adult with intellectual disabilities, to testify by closed-circuit television, arguing that section 106B-5 of the Code of Criminal Procedure was unconstitutional. The appellate court affirmed, finding that the Illinois statute allowing for remote testimony of adults with significant intellectual and developmental disabilities was a proper expansion of existing US Supreme Court case law regarding the testimony of minors. (C.A. WALKER and TAILOR, concurring)