People v. Kinnerson

Defendant was convicted, after jury trial, of aggravated domestic battery. State presented sufficient evidence, through testimony and photographs, to establish severity of the attack on Defendant's mother and the nature and extent of her injuries. Court properly admitted victim's statements made when she called 911, as call was close in time to the attack, her intent was to seek help and medical treatment, and her demeanor on the call and as observed by witnesses showed that she remained affected by the startling event at time of call, so statements were excited utterances. Statements were not testimonial, as record shows that there was an ongoing emergency at time of 911 call. Court's questioning of potential jurors complied with Rule 431(b) and Illinois Supreme Court's 2010 Thompson decision. Court admonished all jurors as to each Rule 431(b) principle and then immediately questioned them in smaller groups, giving each juror the opportunity to respond.Court is not requried to address each principle separately. (STEIGMANN and HOLDER WHITE, concurring.)