Family Law Prof Blog

Editor: Margaret Ryznare
Indiana University
Robert H. McKinney School of Law

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.


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