Legal Opinion · Dissent

People v. Brannon

Appellate Court of Illinois

Decided March 17, 1978No. 75-537Published

1Dissent

Mr. JUSTICE GEORGE J. MORAN,

dissenting:

Under the facts of this case the indicia of trustworthiness necessary for admissibility was not met. The State may not rely on the business records exception, or any other hearsay exception, unless the proper foundation for admissibility, the circumstantial probability of trustworthiness, is established. People v. Gauer, 7 Ill. App. 3d 512, 288 N.E.2d 24.

The parties in this case did not stipulate that the standard was LSD and the State did not establish that it was in fact LSD. The chemist’s testimony that the standard was supplied by the Federal…

2Cases cited5 opinions

  1. The PEOPLE v. JohnsonIllinois Supreme Court · 1967
  2. The People v. CatavdellaIllinois Supreme Court · 1964
  3. People v. GauerAppellate Court of Illinois · 1972
  4. People v. PottsAppellate Court of Illinois · 1966
  5. People v. HammondAppellate Court of Illinois · 1969

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