In a case likely to effect many trials involving surveillance testimony, our Appellate Court by JUSTICE (now Supreme Court Justice) THEIS overturned the conviction of Robert Price by finding plain error when the trial court sustained the State’s objections to questions by defense counsel regarding the exact location of the surveillance officer in a common fact pattern case of PCS/W. JUSTICE THEIS finds that, “due process requires at trial the defendant need only show that the location is ‘relevant and helpful to the defense of an accused, or is essential to the fair determination of a cause’ in order to overcome the privilege.” [ Practice Point ] The court’s discussion of the burdens of proof on this issue seems to call into question the current practice of requiring the defense to file a motion to disclose surveillance location before trial. Make sure you read this very helpful opinion, People v. Robert Price, No. 1-07-2223 First District, Second Division, 8/31/10.
Comments are closed.