White v. Illinois
United States Supreme Court
502 U.S. 346, 112 S. Ct. 736 (1992)
- Written by Deanna Curl, JD
Facts
On April 16, 1988, Tony DeVore was babysitting four-year-old S.G. and was awakened in the morning by the sound of S.G.’s screams. DeVore went to S.G.’s room and saw Mr. White (defendant), a friend of S.G.’s mother, leaving her room. S.G. immediately told DeVore that White had put his hand over her mouth, choked her, and touched her in the vaginal area. S.G. repeated the same story to her mother who returned home 30 minutes later, to the police approximately 45 minutes later, and during a medical exam approximately four hours later. White was later charged with aggravated criminal sexual assault, residential burglary, and unlawful restraint. At trial, the prosecutor attempted to call S.G. as a witness on two occasions, but she experienced emotional difficulty and never testified. The court never made a finding that S.G. was unavailable to testify. Over White’s objection, the trial court admitted the hearsay statements of DeVore, S.G.’s mother, the police officer, and the medical professionals about S.G.’s statements about the assault. White was convicted by the jury, and his conviction was upheld by the Illinois Appellate Court. After the Illinois Supreme Court denied discretionary review, the United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Rehnquist, C.J.)
Concurrence (Thomas, J.)
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