PEOPLE v. STARKS

No. 2-11-0273.

966 N.E.2d 347 (2012)

359 Ill. Dec. 26

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Bennie STARKS, Defendant-Appellee.

Appellate Court of Illinois, Second District.

February 14, 2012.


Attorney(s) appearing for the Case

Michael J. Waller , Lake County State's Attorney, Waukegan ( Lawrence M. Bauer , Deputy Director, Richard S. London , State's Attorneys Appellate Prosecutor, of counsel), for the People.

Ronald S. Safer , Theresa M. Williams , Brooke M. Schaefer , Shiff Hardin, LLP, Chicago, Jed H. Stone , Stone & Associates, Waukegan, Lauren F. Kaeseberg , Attorney at Law, Chicago, Barry C. Scheck , Vanessa Potkin , The Innocence Project, New York, NY, John Curnyn , Law Office of John Curnyn, Evanston, for appellee.


OPINION

Justice McLAREN delivered the judgment of the court, with opinion:

¶ 1 The State appeals the trial court's grant of defendant's motion in limine, barring the admission of the prior testimony of the now-deceased complainant. On appeal, the State argues that the trial court erred by granting defendant's motion in limine because: (1) complainant's prior sexual contacts would not be relevant at the new trial; (2) at the prior trial...

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