People v. Peterson

(Court opinion corrected 8/24/11.) State's motion for interlocutory appeal of court's ruling, denying State's motion for admissibility of hearsay evidence under common law forfeiture by wrongdoing exception, was untimely filed. State had ample grounds to file notice of appeal or motion to reconsider within 30 days of court's order, but failed to do so, and no material change in facts or law occurred; thus, appellate court is without jurisdiction to consider that issue. Court's ruling in limine excluding evidence of other crimes allegedly committed by Defendant was not arbitrary or unreasonable. As other alleged offenses were excessively remote in time and differed from present charges in certain key respects, the probative value of such evidence was outweighed by prejudice to Defendant. Court properly barred State's expert, a divorce attorney, from testifying as to how judge would likely order of distribution of marital assets had Defendant's wife lived, or as to what Defendant's divorce attorney would likely have told Defendant to expect as to outcome of divorce proceeding. (SCHMIDT, concurring; CARTER, concurring in part and dissenting in part.)