People v. Gayton

3 Citing cases

  1. Brown v. State

    274 Ga. 31 (Ga. 2001)   Cited 62 times
    Holding that a police report prepared in a prosecution for cocaine possession was inadmissible under the business-records hearsay exception in former OCGA § 24–3–14

    Reeves v. King, 554 So.2d 1107, 1114 (Ala. 1988); Wilson v. State, 756 P.2d 307, 312 (Alas. 1988); Wallin v. Ins. Co. of North America, 268 Ark. 847, 852 ( 596 S.W.2d 716)(1980); Bolin v. State, 736 So.2d 1160, 1167 (Fla. 1999); People v. Gayton, 293 Ill. App.3d 442, 444 ( 688 N.E.2d 1206)(1997); Bacher v. State, 686 N.E.2d 791, n. 4 (Ind. 1997); State v. Smith, 594 So.2d 467, 476 (La. 1991);Solomon v. Shuell, 435 Mich. 104, 139 ( 457 N.W.2d 669)(1990);Snyder v. Portland Traction Co., 182 Or. 344, 351( 185 P.2d 563) (1947); State v. Bertul, 664 P.2d 1181, 1184 (Utah 1983). See alsoMontgomery v. U.S., 517 A.2d 313, 316 (D.C. 1986) (distinguishing between police reports that are prepared in the anticipation of litigation and those that merely record routine facts that are used primarily for internal administrative purposes).

  2. Dubray v. Dept. of Social Services

    2004 S.D. 130 (S.D. 2004)   Cited 8 times
    Holding it is the burden of the proponent to establish trustworthiness and admissibility

    "Several states have prohibited or strongly disapproved the admission of police reports under the business records exception to the hearsay rule when offered by the state. Reeves v. King, 534 So.2d 1107, 1114 (Ala. 1988); Wilson v. State, 756 P.2d 307, 312 (Alaska App. 1988); Wallin v. Ins. Co. of North America, 268 Ark. 847, 596 S.W.2d 716 (1980); Bolin v. State, 736 So.2d 1160, 1167 (Fla. 1999); People v. Gayton, 293 Ill.App.3d 442, 228 Ill.Dec. 229, 688 N.E.2d 1206 (1997); Bacher v. State, 686 N.E.2d 791, n. 4 (Ind. 1997); State v. Smith, 594 So.2d 467, 476 (La.Ct.App. 1991); Solomon v. Shuell, 435 Mich. 104, 457 N.W.2d 669 (1990); Snyder v. Portland Traction Co., 182 Or. 344, 185 P.2d 563 (1947); State v. Bertul, 664 P.2d 1181, 1184 (Utah 1983). See also Montgomery v. U.S., 517 A.2d 313, 316 (D.C. 1986) (distinguishing between police reports that are prepared in the anticipation of litigation and those that merely record routine facts that are used primarily for internal administrative purposes).

  3. People v. Haissig

    2012 Ill. App. 2d 110726 (Ill. App. Ct. 2012)   Cited 28 times
    In Haissig, two employees of Abbott Laboratories had an undisclosed interest in an outside vendor that performed elevator maintenance services.

    ” The court answered yes. The court cited the Illinois decisions of People v. Kotlarz, 193 Ill.2d 272, 250 Ill.Dec. 437, 738 N.E.2d 906 (2000), and People v. Gayton, 293 Ill.App.3d 442, 228 Ill.Dec. 229, 688 N.E.2d 1206 (1997), but found neither case directly on point. After reviewing foreign authorities and a treatise on criminal law, the court convicted defendants on counts I and III despite Abbott's having “received the benefit of all of the work being performed that it paid for.”