People v. Mayberry

Illinois Appellate Court
Criminal Court
Hearsay
Citation
Case Number: 
2020 IL App (1st) 181806
Decision Date: 
Tuesday, September 8, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
COGHLAN

After a shooting incident, Defendant was convicted, after jury trial, of attempted murders of 5 people. No ineffective assistance of counsel in failing to move to suppress off-duty police officer's identification of Defendant, as evidence against him, even without the ID, was overwhelming. Court did not err in admitting, as an excited utterance, statement of one intended victim that another intended victim told him that "Lil Dave from [the] hood" was the shooter. Court did not err in barring Defendant from introducing alternate-suspect evidence. (FITZGERALD SMITH and PUCINSKI, concurring.)