People v. Rush

Following a jury trial on remand, defendant, Joseph Rush, was found guilty of first degree murder and sentenced to 42 years in prison. Defendant appeals his conviction and raises the following issues for our consideration: (1) whether the trial court erred in ruling that Ginger Altman’s eyewitness testimony from his first trial was admissible at the second trial under the dead-man’s exception to the hearsay rule; (2) whether even if Altman’s testimony could be admitted at his second trial, certain portions should have been redacted from the transcript before it was read to the jury because it…