Improper Admission of Evidence

March 24, 2010 by tcbdefense | Edit
Evidence 1st Dist.
People v. Jackson , No. 1-04-3660 (March 10, 2010) Cook Co. (COLEMAN) Reversed and remanded.
Defendant was denied a fair trial by admission of evidence of other criminal acts. Prosecutor argued in rebuttal that motive for Defendant to murder his disabled mother was to obtain money for drugs, and State introduced evidence of his drug use. Unprosecuted drug use is admissible to show motive only if after establishing that the defendant was addicted and lacked financial resources to sustain habit, and neither was shown in this case. Commentary on drug use was bad-character accusation prohibited by rule against admission of other crimes to show criminal propensity.

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