Defendant argues cell phone video clips were inadmissible

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted January 6, 2023 12:14 PM

The crucial evidence for convicting Carl Smith Jr. of residential burglary was a number of video clips recorded by pointing an iPhone at a surveillance system monitor as it played the beginning and end of a 20-minute segment from a recording that was automatically deleted after 48 hours.Sentenced to 6½ years in prison, Smith argued the video clips were inadmissible under Illinois Rules of Evidence 1003 (Admissibility of duplicates) and 1004 (Admissibility of other evidence of contents) plus the common-law best …

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