People v. Deavers

JUSTICE GREEN,

specially concurring:

I concur in the decision to affirm and agree the circuit court ruled properly in admitting the hearsay statements pursuant to section 115 — 10 of the Code.

I disagree with the decision of the majority to pass upon the propriety of the appellate decision in Zwart because that case is now before the Illinois Supreme Court. The decision of the latter court will be definitive. However, an affirmance in Zwart would not necessarily require reversal here. As the majority has concisely shown, evidence was introduced there that (1) one of the children denied to a…