People v. Hood

This case presents question as to whether defendant knowingly and voluntarily waived his right to confront witness against him at evidence deposition, where defendant’s counsel attended said deposition and cross-examined witness/alleged victim, where counsel agreed that she had waived defendant’s appearance at said deposition, and where said waiver did not appear on record. Appellate Court, in reversing defendant’s conviction on charge of aggravated battery to senior citizen, found that there should have been some mention of defendant’s waiver of his right to confront witness during said deposition, and that there was no showing that defendant knew of either his right to confront witness or consequences of waiving said right, or that defendant had acted voluntarily in waiving said right. Dissenting Justice found no plain error, where witness/victim’s testimony during deposition was subject to cross-examination by defense counsel.