People v. Taber

Defendant appealed from his conviction for two counts of threatening a public official. On appeal, defendant argued that the State failed to prove him guilty beyond a reasonable doubt because probation officers are not public officials, that his due process rights were violated when the trial court handcuffed him during the discharge hearing, and that the State failed to lay proper foundation for admission of documents under the business records exception to hearsay. The appellate court affirmed, finding that the probation officers were public officials under the language of the statute, that the trial court erred when it did not conduct a hearing before using restraints but that the error was harmless beyond a reasonable doubt, and that the trial court did not abuse its discretion in the admission of evidence. (BIRKETT and KENNEDY, concurring)