People v. Diggs

Defendant was convicted of first-degree murder and sentenced to 40 years in prison. Defendant filed a petition for post-conviction relief, which the trial court granted. The trial court ordered a new trial and the State filed a motion in limine to admit the prior testimony of a deceased witness. The trial court denied the motion and the State appealed. The appellate court affirmed, finding that the emergence of evidence concerning two known and alternate suspects would have opened a new line of questioning of the witness if she were still alive and, as a result, the testimony would have been tested in a way not present at the first trial which favored the barring of the witness’ prior testimony. (HOWSE and ELLIS, concurring)