Subject Index Evidence

If erroneously admitted evidence does not prejudice the defendant, the error does not require reversal

July
2009
Illinois Law Update
, Page 336
On April 21, 2009, the Illinois Appellate Court, Second District, on defendant's appeal from the Circuit Court of Winnebago County, affirmed the conviction of defendant, who was convicted of the unlawful possession of a weapon by a felon.

Evidence is insufficient to prove negligence if the conclusion is merely possible

June
2009
Illinois Law Update
, Page 284
On April 1, 2009, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Will County which granted summary judgment for the defendants after concluding that no genuine issue of material fact existed to establish negligence on the part of the defendants.

Making evidence meaningful

By Helen W. Gunnarsson
June
2009
LawPulse
, Page 278
A veteran lawyer and trial judge tells litigators how to present evidence in a way that engages and wins over jurors.

Sexual harassment and the chain of command

By Helen W. Gunnarsson
June
2009
LawPulse
, Page 278
Under state law, employers are liable for sexual harassment by supervisors whether or not the employer knew about it and even though the employee-victim doesn't work under the supervisor.

Victory for defendants in asbestos case

By Helen W. Gunnarsson
June
2009
LawPulse
, Page 278
The Illinois Supreme Court allows defendants in asbestos cases to introduce evidence that someone else's negligence was the sole proximate cause of a plaintiff's injuries.

Proving Proximate Cause in Malpractice Cases

By Terrence J. Lavin & Kristina M. Lau
May
2009
Article
, Page 254
Illinois courts are still struggling to determine the plaintiff's proper burden of proving proximate cause in "lost chance" cases.

“Rape Shield” for Civil Lawsuits

By Helen W. Gunnarsson
May
2009
LawPulse
, Page 220
An Illinois House bill would extend the prohibition against admitting evidence of an alleged victim's sexual history to sexual harassment charges.

A Snipe-Hunter’s guide to Coaxing Answers from Hostile Witnesses

By Hon. Ron Spears
May
2009
Column
, Page 260
Preparation and skillful questioning can help you bag your quarry.

Evidence Resources or Illinois Practitioners

By Tom Gaylord
March
2009
Column
, Page 154
A look at some free evidence-related online resources.

Scientific Evidence About Grief in Illinois Wrongful Death Cases

By Timothy J. Reuland & Shirley A. Murphy
March
2009
Article
, Page 146
A 2007 amendment to the Illinois Wrongful Death Act permits recovery for grief. This article discusses the evidence that makes the case for damages.

Admission of prior juvenile adjudications allowed to

February
2009
Illinois Law Update
, Page 70
On December 2, 2008, the Illinois Supreme Court affirmed the judgment of the Illinois Appellate Court, Third District, which affirmed the decision of the Circuit Court of Peoria County to allow the state to impeach a defendant with certified copies of his prior juvenile adjudications.

Committee studies codification of evidence rules

By Helen W. Gunnarsson
February
2009
LawPulse
, Page 64
A new supreme court special committee is charged with devising a more convenient organizational scheme for the Illinois rules of evidence.

New hearsay exception added for the intentional murder of a witness. PA 095-1004

February
2009
Illinois Law Update
, Page 70
The Illinois General Assembly amended the Code of Criminal Procedure by adding section 115-10.6, which creates a new hearsay exception when evidence is offered against a party that has killed the declarant "intending to procure the unavailability of the declarant as a witness in a criminal or civil proceeding." 725 ILCS 5/115-10.6.

Subpoena for medical records

January
2009
Illinois Law Update
, Page 16
On October 31, 2008, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of Logan County denying the state's request for a subpoena duces tecum, seeking release of a defendant's medical records for the day the defendant was charged with driving under the influence (DUI).

Incriminating statements suppressed in first degree murder case

December
2008
Illinois Law Update
, Page 612
On September 30, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the Circuit Court of McLean County granting the defendant's two motions to suppress evidence. 

The Crawford Confrontation-Clause Bar: Governmental Involvement Is Key to “Testimonial” Hearsay

By Hon. Daniel B. Shanes
November
2008
Article
, Page 574
The author argues that statements are rarely "testimonial" - and thus barred - if the government did not produce them.

Evidence sufficient to uphold conviction for disorderly conduct

November
2008
Illinois Law Update
, Page 554
On August 20, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County finding the defendant guilty of disorderly conduct. 

Polygraph Exams in Sex-Offense Cases

By Kerry J. Bryson
October
2008
Article
, Page 528
Despite doubts about their reliability, polygraph exams are required in sex-offense cases. This article discusses the law.

Depositions of Gravely Ill Illinois Claimants

By Professor Jeffrey A. Parness
September
2008
Column
, Page 476
 A majority in Berry found that while the trial court ruled correctly the system failed.

Fees for Physician Testimony: What’s Reasonable?

By Timothy J. Harris
September
2008
Article
, Page 460
A look at the governing rules, along with common-sense ways lawyers can keep doctors from charging too much for testifying.

Negligent Spoliation in the Wake of Jones v O’Brien Tire and Battery

By Shane M. Carnine
September
2008
Article
, Page 470
A recent appellate case arguably changes the requirements for a spoliation claim.

Eyewitnesses and the Rashomon Effect

By Hon. Ron Spears
August
2008
Column
, Page 424
Research indicates that eyewitness testimony is less reliable than people think.

No discovery deps allowed

By Helen W. Gunnarsson
August
2008
LawPulse
, Page 384
A recent case underscores the importance of taking a party's evidence - not discovery - deposition if he or she may die before trial.

Correspondence from Our Readers

July
2008
Column
, Page 330
Sharia law? Voluntary dismissal; confrontation clause; HUD-1 form.st.

A Quick Guide to the Illinois Dead Man’s Act

By William T. Gibbs
July
2008
Article
, Page 352
According to the hornbooks, the Act bars testimony by someone with an interest in litigation about a conversation with or event occurring in the presence of a decedent. But what does that mean?

No error in allowing evidence of past convictions

June
2008
Illinois Law Update
, Page 284
On April 3, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the circuit court allowing the prosecution to present evidence of the defendant's prior convictions for aggravated battery and aggravated assault.

When Hearsay Testimony Is a Nonevent Under the Confrontation Clause

By Robert J. Steigmann
June
2008
Article
, Page 304
An Illinois Appellate Court justice says that a witness who disavows his or her own hearsay statements is not "unavailable" as to those statements.

Authentication and Identification of E-Mail Evidence

By Hon. William J. Haddad
May
2008
Article
, Page 252
Learn how to use circumstantial evidence to show that e-mail really came from the purported sender.

No suppression of evidence obtained in violation of Illinois eavesdropping statute

April
2008
Illinois Law Update
, Page 180
On February 7, 2008, the Illinois Supreme Court affirmed the order of the Circuit Court of Du Page County refusing to suppress evidence obtained in violation of the Illinois eavesdropping statute, 720 ILCS 5/14-2. 

Federal wiretapping evidence admissible though barred by state law

By Helen W. Gunnarsson
March
2008
LawPulse
, Page 118
Evidence gathered in a joint federal-state investigation is admissible in state court if it complies with federal, though not state, eavesdropping law.

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