People v. McGee

PRESIDING JUSTICE CHAPMAN

delivered the opinion of the court:

Terrell McGee was originally tried before a jury for armed robbery and unlawful possession of a weapon by a felon. Prior to that trial, Judge Edward Ferguson granted a defense motion in limine and prohibited evidence of defendant’s refusal to appear in a lineup and defendant’s response to that request. The court subsequently declared a mistrial due to a hung jury.

The case was set for retrial before Circuit Judge Charles Romani, and defendant waived his right to a jury trial. Defense counsel presented the same motion in limine that…