People v. Smith

Illinois Appellate Court
Criminal Court
Right to a Public Trial
Citation
Case Number: 
2023 IL App (1st) 181070
Decision Date: 
Thursday, June 29, 2023
District: 
1st Dist.
Division/County: 
4th Div./Cook Co.
Holding: 
Reversed and remanded.
Justice: 
MARTIN

Defendant was convicted of first-degree murder and was sentenced to 30 years in prison. On appeal, defendant argued that his right to a public trial was violated when his mother was excluded from the courtroom, that the evidence of lineup identification should have been suppressed because the lineups were unduly suggestive, the prosecution elicited improper testimony regarding gunshot residue testing, the closing statements were prejudicial, and that a photograph provided to the jury during deliberations deprived him of a fair trial. The appellate court reversed and remanded for a new trial, finding that defendant’s right to a public trial was violated and that this was dispositive of the appeal. (LAMPKIN and HOFFMAN, concurring)