Legal Opinion · Dissent

People v. West

Appellate Court of Illinois

Decided August 19, 1992No. 2-90-0121Published

1DissentJustice Dunn

I respectfully dissent because I disagree with the majority’s resolution of two issues. First of all, I believe that, by failing to make an offer of proof, defendant waived the issue of whether the trial court erred by sustaining the State’s objection when defense counsel asked Bianca Jones if she had ever known S.W. to exaggerate the truth to her.

In general, an offer of proof must be made in order to preserve the issue of wrongful exclusion of evidence for review. (People v. Cobb (1989), 186 Ill. App. 3d 898, 905.) If the testimony to be elicited is obviously relevant and material, no offer…

2Cases cited4 opinions

  1. Idaho v. WrightSupreme Court of the United States · 1990
  2. People v. CobbAppellate Court of Illinois · 1989
  3. People v. DeaversAppellate Court of Illinois · 1991
  4. People v. MorenoAppellate Court of Illinois · 1983

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