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PEOPLE v. RUSH

No. 1-07-2753.

928 N.E.2d 157 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Joseph RUSH, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

April 19, 2010.

Attorney(s) appearing for the Case

Michael J. Pelletier, State Appellate Defender, Patricia Unsinn, Deputy Defender, Office of the State Appellate Defender (Maria A. Harrigan, Assistant Appellate Defender), for Appellant.

Anita M. Alvarez, State's Attorney of Cook County (Alan J. Spellberg, Samuel Shim, of counsel), for Appellee.

Justice PATTI delivered the opinion of the court:

Following a jury trial on remand, defendant, Joseph Rush, was found guilty of first degree murder and sentenced to 42 years in prison. Defendant appeals his conviction and raises the following issues for our consideration: (1) whether the trial court erred in ruling that Ginger Altman's eyewitness testimony from his first trial was admissible at the second trial under the dead-man's exception to the hearsay rule; ...

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