People v. Hood

Illinois Supreme Court
Criminal Court
Confrontation
Citation
Case Number: 
2016 IL 118581
Decision Date: 
Thursday, September 22, 2016
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court reversed; circuit court affirmed.
Justice: 
BURKE

Defendant's right to confrontation under 6th amendment was not violated when circuit court admitted into evidence a video deposition given by complaining witness prior to trial. Video deposition was testimonial, as depositions are core, testimonial statements. State showed that complaining witness was unavailable to testify at trial, as witness's attending physician testified, at hearing on admissibility of deposition, that witness was living in nursing home, had severe dementia, had no awareness of his environment, and was unable to communicate in any meaningful way. Defendant was on notice that he could attend deposition if he chose to do so, but did not; and 2 public defenders attended and conducted full cross-examination. Court's error in no obtaining written Rule 414(e) waiver did not render deposition inadmissible and did not affect fairness of trial. (GARMAN, FREEMAN, THOMAS, KILBRIDE, KARMEIER, and THEIS, concurring.)