People v. Gomez 

Illinois Appellate Court
Criminal Court
Motions in Limine
Citation
Case Number: 
No. 1-08-2266
Decision Date: 
Wednesday, June 30, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
TOOMIN
(Court opinion corrected 7/16/10.) Court refused to bar cross-examination of witness regarding a phone call threatening her life if she implicated Defendant before grand jury. Defendant's choice to not call that witness to testify doomed his claim of error, because to divine how court would have ruled was purely conjectural; and absence of this testimony did not preclude Defendant from corroborating his affirmative defense. Court properly admitted evidence of Defendant's prior conviction for aggravated discharge of a firearm, as his self-defense claim placed his credibility in issue. Court properly refused second-degree murder provocation-passion instruction, as Defendant offered no testimony that he felt threatened by victims. (FITZGERALD SMITH and LAVIN, concurring.)