Legal Opinion · Dissent

People v. Grayson

Appellate Court of Illinois

Decided April 10, 2001No. 4-99-0862Published

1DissentJustice Cook

I respectfully dissent and would reverse.

If there are three witnesses in a criminal case, and they all testify that defendant did not commit the offense, can the jury, taking into account the witnesses’ reluctance to testify, disbelieve them and find the defendant guilty?

First of all, I disagree that this was a mutual combat situation where the defense of self-defense was not available. “A person is justified in the use of force when and to the extent that he reasonably believes that such conduct is necessary to defend himself against the imminent use of unlawful force.” Illinois Pattern Jury…

2Cases cited6 opinions

  1. People v. SmithIllinois Supreme Court · 1999
  2. People v. JeffriesIllinois Supreme Court · 1995
  3. People v. MinniweatherAppellate Court of Illinois · 1998
  4. People v. De OcaAppellate Court of Illinois · 1992
  5. State v. AllredCourt of Appeals of North Carolina · 1998

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