People v. Brewer

Illinois Appellate Court
Criminal Court
Jury Instructions
Citation
Case Number: 
2013 IL App (1st) 072821
Decision Date: 
Friday, March 29, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed; mittimus corrected..
Justice: 
HYMAN
Defense counsel was not ineffective for failing to request a limiting instruction as to codefendant's videotaped statement, as evidence was overwhelming against Defendant. Codefendant testified at trial consistently with material on tape, and jury verdict would likely not have been different. Autopsy report was not testimonial and its admission into evidence did not implicate Defendant's confrontation clause rights. Court did not err in barring physician from testifying, as her testimony was irrelevant to voluntariness of statement at time of arrest, and its exclusion did not infringe on his right to present a defense. (LAVIN and STERBA, concurring.)