People v. Gray 

Illinois Appellate Court
Criminal Court
Evidence
Citation
Case Number: 
No.1-08-2952
Decision Date: 
Wednesday, December 22, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Reversed and remanded.
Justice: 
NEVILLE
(Court opinion corrected 5/5/11.) Defendant was convicted of murder and aggravated battery. State's witnesses identified Defendant as the shooter, but defense witnesses identified Defendant's cousin as the shooter. Court committed plain error when it allowed the use of transcript from a witness's guilty plea as evidence against Defendant. Transcript in evidence contained prosecutor's statement of the factual basis for the witness's guilty plea, which included collateral matters not necessary for the guilty plea to illegal possession of a gun in connection with the same incident, but severely prejudicial to Defendant. Prosecutor should not have used the risk the cousin faced as a soldier in Iraq as a reason for the jurors to find him credible; this argument exceeds the bounds of propriety, as it could bias the jury with sympathy for soldier. (QUINN and STEELE, concurring.)