# People v. Kinsloe

> Appellate Court of Illinois · June 7, 1996 · 281 Ill. App. 3d 799

URL: https://www.frixlaw.com/law-library/cases/9524795

## Case

- **Full name:** The PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. SAMUEL KINSLOE, Defendant-Appellant
- **Court:** Appellate Court of Illinois
- **Decided:** June 7, 1996
- **Citations:** 281 Ill. App. 3d 799; 217 Ill. Dec. 203; 666 N.E.2d 872; 1996 Ill. App. LEXIS 415
- **Precedential status:** Published
- **Opinion:** Concurring in part by Rakowski
- **Judges:** Egan, Rakowski
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9524795

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9524795. Public record. Not legal advice.
