Thursday, January 14, 2010

Evidentiary Issues in IL Domestic Violence Cases

The Illinois Court of Appeals recently affirmed that section 115-7.4 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-7.4 (West. Supp. 2007)), which permits prior acts of domestic battery to be admissible in a domestic battery trial, does not violate defendant’s due process.  This is because another statutory section provides a notice requirement, while yet another statutory section mandates that the trial court, before admitting such evidence, engage in an inquiry regarding whether the other-crimes evidence is relevant and whether its probative value outweighs its prejudicial effect.

The case is People v. Dabbs, No. 3-08-0709 (Ill. Ct. of App. 2009) and the opinion can be read here.

MR

http://lawprofessors.typepad.com/family_law/2010/01/evidenciary-issues-in-il-domestic-violence-cases.html

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