People v. Brown

Defendant, age 22 at time of offenses, was convicted, after jury trial, of 1st degree murder and aggravated battery. Court erred in allowing State to present testimony as to the contents of Defendant's cell phone records. State failed to present any evidence to establish the 4 foundational elements that are specific to a computer-generated record which are required for admission of such record under the business-records exception to the hearsay rule. As phone records testimony was a crucial piece of evidence, erroneous admission of that testimony substantially prejudiced Defendant and affected outcome of trial. Reversed and remanded for new trial. (O'BRIEN, concurring; WRIGHT, dissenting.)