People v. Degrave

Illinois Appellate Court
Criminal Court
Evidence
Citation
Case Number: 
2023 IL App (1st) 192479
Decision Date: 
Friday, June 30, 2023
District: 
1st Dist.
Division/County: 
2d Div./Cook Co.
Holding: 
Reversed and remanded.
Justice: 
ELLIS

Defendant appealed from his conviction for one count of domestic battery, arguing that the trial court erred when it excluded video evidence the defendant offered to support his theory that the victim was the initial aggressor. The appellate court agreed and reversed, finding that the video was highly probative and that the evidence was sufficiently closely balanced to support a finding of plain error. (FITZGERALD SMITH and COBBS, concurring)