2seaoat wrote:My understanding is that the legislature changed the law in 2008, and the Illinois Supreme Court upheld the law. However, the appeal will certainly go beyond the Illinois Supreme Court. It will go to the United States Supreme Court, and just like the court not wanting to become judicial activist and overturn legislation in the health care bill.....they will be reluctant to overturn this decision, but this may have some fascinating written decisions, because some liberal judges are going to support this and some conservative judges are not......my personal opinion is that the Illinois Supreme Court is going to call for a new trial based on some errors the prosecution made which the defense called for a mistrial. By allowing a new trial on those errors, it buys time......but the defense attorneys will not sit by idle.....they will take the issue to the Supreme Court regardless because if they can win in the Supreme Court, the hearsay evidence will never see the light of day......and a guilty person will have a chance to beat the system.
They defense can't object to the heresay evidence of Atty. Harry Smith because they called him as a witness.Just because there are errors does not mean the case will be overturned.They have what they call "harmless errors." The Geraldo panel last night discussed the Supreme Court and said Scalia will uphold the case because he has already ruled on killing a witness and heresay. They said you cannot kill a witness who will testify against you and then say what that witness said is heresay.
http://capitolfax.com/2012/09/07/how-the-will-county-states-attorney-the-general-assembly-and-rod-blagojevich-almost-botched-the-drew-peterson-case/