People v. Dabbs 

Illinois Supreme Court
Criminal Court
Evidence
Citation
Case Number: 
No. 109698
Decision Date: 
Thursday, November 18, 2010
District: 
3d Dist.
Division/County: 
Tazewell Co.
Holding: 
Appellate court affirmed.
Justice: 
GARMAN
Defendant was convicted of domestic battery, after jury trial during which his girlfriend testified as to 2008 events in issue, and his ex-wife testified that he had previously abused her. Plain meaning of Section 115-7.4 of Criminal Code is that evidence of a defendant's commission of other acts of domestic violence may be admitted in a prosecution for one of the enumerated offenses, as long as the evidence is relevant and its probative value is not substantially outweighed by risk of prejudice. That Section is constitutional as it serves a legitimate purpose, and allowing such evidence to establish a defendant's propensity to commit a crime of domestic violence if requirements of statute and of other rules of evidence are met is rationally related to that purpose. (KILBRIDE, FREEMAN, THOMAS, KARMEIER, BURKE, and THEIS, concurring.)