court construed de novo the applicability of section 115 — 10.1 of the Code of Criminal Procedure, which allows for the admissibility of testimony of prior inconsistent statements, giving no deference to the trial court
How later courts described this case
- court construed de novo the applicability of section 115 — 10.1 of the Code of Criminal Procedure, which allows for the admissibility of testimony of prior inconsistent statements, giving no deference to the trial court
- construing the statute; giving no deference to trial court
Written by the judges who cited it.
The opinion
JUSTICE RAKOWSKI, concurring in part and dissenting in part:
I agree that the admission of Laverne Kinsloe’s prior inconsistent statement was error and that the error was not harmless. However, unlike the majority, I believe that the remaining evidence, taken in a light most favorable to the prosecution, is such that a rational trier of fact could find the essential elements of heinous battery (720 ILCS 5/12 — 4.1 (West 1994)) beyond a reasonable doubt. Thus, although the evidence of defendant’s guilt is not so overwhelming as to render the error harmless, it is nevertheless sufficient to convict. See People v. Enis, 139 Ill. 2d 264, 298 , 564 N.E.2d 1155 (1990).
I would reverse the judgment of the circuit court and remand for a new trial.