People v. Dobbey

Defendant was convicted, after jury trial, of first degree murder of one victim, and attempted first degree murder and aggravated battery with a firearm of another victim. Counsel was not ineffective for failing to object to court's admission of statement of murder victim that it was Defendant who had shot him, as excited utterance. Admission of statement did not violate right to confrontation, as statement was made to respond to ongoing emergency rather than to create a record for trial, and was not made in a solemn fashion, and thus was not testimonial. Testimony of medical examiner as to autopsy report, which had been prepared by a former employee of medical examiner's office, was properly admitted, as report was offered to demonstrate what was relied upon in forming expert's opinions. (HOWSE and EPSTEIN, concurring.)