Defendant was convicted of aggravated battery, for grabbing (and then releasing) the hand of a middle school student as she was walking to middle school on a public sidewalk. Although court erred in admitting evidence that assistant principal believed that Defendant was "grooming" victim, as such evidence was irrelevant to charged offense, any error was harmless. State impermissibly vouched for victim's credibility in arguing that victim was credible and that State believed she was credible. Evidence was not closely balanced, and jury was instructed that arguments were not evidence and that only they were the judges of believability of witnesses. Thus, erroneous statements did not severely threaten to tip scales of justice against Defendant.(CARTER, concurring; McDADE, dissenting.)
Illinois Appellate Court
Criminal Court
Evidence