In re the Committment of Kelley

Jury found Respondent to be a sexually violent person under Sexually Violent Persons Commitment Act, and court ordered him committed to IDHS for institutional care in secure facility. Court properly denied Respondent's motion in limine to stipulate to his prior convictions for sexually violent offenses and to preclude State from referring to the name of those convictions. State was required to prove that Respondent had been previously convicted of certain sexual offenses, and elicited testimony to allow its experts to explain basis for their opinions, and court explained limited purpose of evidence of past misconduct.g Respondent was not denied a fair trial by State arguing details of his past crimes; State's rebuttal remarks were in response to defense counsel's remarks in closing as to timing of misconduct, and court instructed jury that closing arguments were not evidence. (EPSTEIN and J. GORDON, concurring.)