Shortly before completion of Defendant's prison term for conviction of rape and deviate sexual assault, State filed sexually violent person petition. Court properly denied Defendant's motion seeking appointment of a 2nd expert witness. A respondent is not entitled to the same number of expert witnesses as the State. Although Defendant conceded that he was convicted of a sexually violent offense, State could still discuss underlying facts of convictions during opening statements. Jury, rather than appellate court, had authority to resolve conflicts in evidence and to weigh credibility of witnesses. A reasonable jury could find the elements of the Sexually Violent Persons Commitment Act beyond a reasonable doubt. (DeARMOND and HOLDER WHITE, concurring.)
Illinois Appellate Court
Criminal Court
Illinois Sexually Violent Persons Act