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- ilnd;;1:16-cv-01963_de738 RegisterActionDate "2020-11-30" @default.
- ilnd;;1:16-cv-01963_de738 RegisterActionDescriptionText "MINUTE entry before the Honorable Virginia M. Kendall. Defendants move to bar Plaintiff from presenting the statement made by other judges in their rulings regarding the grant of a new trial for Plaintiff 509 . Defendants accept that the evidence that Plaintiff was granted a new trial is relevant and should be presented to the Jury. What concerns the Defendants, however, is the detailed reasons given by the Judge because those statements are hearsay and prejudicial. Plaintiff responds that the evidence is relevant for other non-hearsay reasons: to show "both 1) an example of how a court has considered the type of DNA evidence that was offered in support of Plaintiff's Section 2-1401 Petition, and 2) how, in this case, Judge Maldanado weighed the DNA evidence in the face of some of the criticisms that Defendants currently raise against the DNA evidence." This is precisely why presenting the evidence in the form of his entire opinion is improper. The Jury here must weight the DNA evidence and face the criticism of that evidence by the Defendants. Putting a Judge's imprimatur on that decision could result in the jury improperly weighing the evidence themselves. The Court directs the parties to work on a stipulation that will present the order granting a new trial and present it to the Court for review. Motion 509 is granted. Mailed notice (lk, ) (Entered: 11/30/2020)" @default.
- ilnd;;1:16-cv-01963_de738 AdministrativeID "738" @default.
- ilnd;;1:16-cv-01963_de738 OntologyLabel minute_entry @default.
- ilnd;;1:16-cv-01963_de738 hasReferenceToOtherEntry ilnd;;1:16-cv-01963_de509 @default.