People v. Peterson

Illinois Supreme Court PLAs
Criminal Court
Evidence
Citation
PLA issue Date: 
March 30, 2016
Docket Number: 
No. 120331
District: 
3rd Dist.

This case presents question in instant murder trial as to whether trial court properly admitted 14 hearsay statements from defendant’s deceased 3rd and 4th wives, where said admission was based on forfeiture-by-wrongdoing doctrine. Appellate Court, in noting defendant’s prior unsuccessful appeal on same issue, found that said statements were admissible based on trial court’s finding by preponderance of evidence that defendant had killed both wives in effort to prevent them from testifying at upcoming legal proceedings, and that introduction of said statements was not extremely unfair to defendant so as to constitute due process violation. Defendant also raised in his petition for leave to appeal contentions that: (1) prosecutor violated Rule 404(c) by failing to provide any pretrial notice of intent to introduce bad act evidence; (2) his lead counsel acted under per se conflict of interest by entering into media rights deal; and (3) trial counsel improperly called as witness individual who could testify to conversation that defendant had with his 4th wife about her knowledge of defendant committing murder of his 3rd wife, which was subject of instant trial and was conversation that prosecution could not have otherwise raised at trial.