People v. Rush

Illinois Appellate Court
Criminal Court
Hearsay
Citation
Case Number: 
No.1-07-2753
Decision Date: 
Thursday, April 8, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
PATTI
Court properly help that eyewitness testimony from murder defendant's first trial was admissible at second trial under dead-man's exception to hearsay rule, as witness, who was Defendant's girlfriend since grade school, was subjected to cross-examination at first trial, and no evidence of any drug use or intoxication at time of observations. Court properly denied Defendant's request to adduce evidence of symptoms of eyewitness' psychiatric condition and circumstances of her death. Court properly allowed hearsay testimony from police sergeant as explanation of the investigatory procedure, as State did not elicit hearsay on the topic from any other witness and did not repeatedly rely on it at trial.