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NON-EYE WITNESS ALLOWED TO NARRATE VIDEO

Posted by mjdadmin DUI/Criminal Defense
NON-EYE WITNESS ALLOWED TO NARRATE VIDEO

A jury found the defendant guilty of armed robbery. The defendant appealed the conviction, arguing that the court committed plain error when it: 1) violated the silent witness theory allowing a witness to narrate the events depicted in a surveillance video; and 2) gave incorrect jury instructions. The appellate court stated that the trial court did not commit plain error by allowing the witness’s testimony. Even though the witness did not observe the events that took place, the testimony was admissible because it was based on the witness’s close scrutiny of the video and helpful to the jury. The appellate court stated that the court did err in giving the jury instruction that the defendant committed the offense of armed robbery with a “dangerous weapon” instead of “firearm.” Even though the court erred, it was not plain error, because it did not create a serious risk that jurors incorrectly convicted the defendant. People v. Mister, 2016 IL App (4th) 130180-B (8/4/16)

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