Defendant was convicted, after jury trial, of 1st degree murder. Court erred in allowing State to introduce at trial, as substantive evidence, the transcript of Defendant's testimony from a prior trial during which Defendant was impeached with statements that were excluded as substantive evidence pursuant to Miranda v. Arizona. This evidence undoubtedly contributed to the verdict in the 2nd trial, and the error was not merely cumulative to the other evidence at trial. Transcript from 1st trial included many suppressed inculpatory statements (including his confession that he told detectives that he shot the victim), and court gave no limiting instruction on the purpose for which jury could consider the suppressed statements. (MOORE and VAUGHAN, concurring.)
Illinois Appellate Court
Criminal Court
Evidence