People v. McCullough

38 N.E.3d 1 (2015)

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People v. McCullough

Illinois Court of Appeals
38 N.E.3d 1 (2015)

SC

Facts

In 2012, Jack McCullough (defendant) was tried for a murder that occurred in 1957. Pursuant to Illinois Rule of Evidence 803(16), McCullough filed a motion in limine seeking to admit certain Federal Bureau of Investigation (FBI) reports that were created during the initial investigation of the murder in 1957. The reports contained statements that were, themselves, hearsay. For example, the reports contained statements of third parties, the substance of which the FBI agent creating the reports had no personal knowledge. The trial court denied McCullough’s motion and excluded the reports from evidence. McCullough was convicted, and he appealed.

Rule of Law

Issue

Holding and Reasoning (Zenoff, J.)

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