People v. Suggs

Illinois Appellate Court
Criminal Court
Domestic Battery
Citation
Case Number: 
2021 IL App (2d) 190420
Decision Date: 
Thursday, June 3, 2021
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed and remanded.
Justice: 
HUDSON

Defendant was convicted, after jury trial, of 1 count of domestic battery. Court erred in allowing police officer to testify to his opinion that a crime had been committed.  Officer's testimony was a statement of his opinion held at the time of trial. Lay opinion testimony on the ultimate question of fact for the jury is improper and prejudicial. Evidence was closely balanced, and verdict hinged on whether jury chose to credit victim's statement to officer or victim's contrary testimony at trial. (HUTCHINSON and BRENNAN, concurring.)