People v. Hansen

22 Citing cases

  1. People v. Padin

    2019 Ill. App. 161672 (Ill. App. Ct. 2019)   Cited 1 times

    Such evidence, however, may be admitted if it is relevant for any other purpose, such as to establish motive, intent, identity, the existence of a common plan or design, or modus operandi. People v. Hansen, 313 Ill. App. 3d 491, 500 (2000). In order to be introduced, the other-crimes evidence must have some threshold similarity to the crime charged.

  2. People v. Jackson

    331 Ill. App. 3d 279 (Ill. App. Ct. 2002)   Cited 33 times
    Finding that sexual assaults are traditionally conducted in isolated areas

    As pointed out, Nautica apparel is readily available, common and sold throughout the city and, therefore, is not distinct or unusual. For these reasons, we conclude that the trial court abused its discretion in allowing other crimes evidence to establish modus operandi where the purported similarities between the cases are not so distinctive when considered together as to earmark the alleged offenses as the handiwork of defendant. Cf. People v. Hansen, 313 Ill. App. 3d 491, 729 N.E.2d 934 (2000). Accordingly, we reverse the judgment of the trial court and remand this matter for a new trial.

  3. People v. Fretch

    2017 Ill. App. 2d 151107 (Ill. App. Ct. 2017)   Cited 24 times
    In Fretch and Salgado, each defendant attempted to raise a specific ineffectiveness claim on direct appeal that was not raised but was closely related to an issue included in the motion for new trial filed by new posttrial counsel.

    Thus, according to defendant, he presented no theory on intent at all. Defendant compares this case on the facts to People v. Illgen , 145 Ill.2d 353, 164 Ill.Dec. 599, 583 N.E.2d 515 (1991), where the admission of other-acts evidence was upheld, and to People v. Hansen , 313 Ill.App.3d 491, 246 Ill.Dec. 283, 729 N.E.2d 934 (2000), People v. Bobo , 278 Ill.App.3d 130, 214 Ill.Dec. 1057, 662 N.E.2d 623 (1996), and People v. Gibbs , 226 Ill.App.3d 1068, 169 Ill.Dec. 60, 590 N.E.2d 979 (1992), where the admission of other-acts evidence was reversed. Defendant claims that this case is closer factually to Hansen , Bobo , and Gibbs than to Illgen .

  4. People v. Johnson

    368 Ill. App. 3d 1146 (Ill. App. Ct. 2006)   Cited 69 times
    Finding the decision to not request a limiting instruction for other-crimes evidence may have been trial strategy to not draw attention to the evidence

    Such evidence may be admissible, however, when it is relevant to show motive, intent, identity, absence of mistake or accident, modus operandi, or the existence of a common plan or design. People v. Wilson, 214 Ill. 2d 127, 135-36, 824 N.E.2d 191, 196 (2005); People v. Hansen, 313 Ill. App. 3d 491, 500, 729 N.E.2d 934, 942 (2000). Indeed, other-crimes evidence is admissible to prove any material fact other than propensity that is relevant to the case.

  5. People v. Spyres

    359 Ill. App. 3d 1108 (Ill. App. Ct. 2005)   Cited 50 times
    Recognizing that other-crimes evidence that is admissible for one reason is not affected by the inadmissibility of that evidence for another reason and that giving an overbroad limiting instruction on other-crimes evidence does not require a reversal

    Such evidence may be admissible, however, when it is relevant to show motive, intent, identity, absence of mistake or accident, modus operandi, or the existence of a common plan or design. People v. Wilson, 214 Ill. 2d 127, 135-36, 824 N.E.2d 191, 196 (2005); People v. Hansen, 313 Ill. App. 3d 491, 500, 729 N.E.2d 934, 942 (2000). Indeed, other-crimes evidence is admissible to prove any material fact other than propensity that is relevant to the case.

  6. People v. Silas

    2020 Ill. App. 191320 (Ill. App. Ct. 2020)   Cited 1 times

    (Internal quotation marks omitted.) People v. Hansen, 313 Ill. App. 3d 491, 506 (2000). ¶ 36 Where common features may be insufficient to raise the inference of modus operandi on an individual basis, the combination of such features may indicate a distinctive combination so as to suggest the work of the same individual. Colin, 344 Ill. App. 3d at 127.

  7. People v. Hansen

    352 Ill. App. 3d 40 (Ill. App. Ct. 2004)   Cited 5 times
    Involving former testimony given at an evidentiary hearing on the defendant's postconviction petition — not a discovery deposition

    In that appeal, this court found that certain evidence had been improperly admitted at trial and, as a consequence, reversed the defendant's convictions and remanded the case to the circuit court for a new trial. People v. Hansen, 313 Ill.App.3d 491, 246 Ill.Dec. 283, 729 N.E.2d 934 (2000). In light of our remand for a new trial, the defendant's appeal from the denial of his post-conviction petition was rendered moot.

  8. People v. Hansen

    327 Ill. App. 3d 1012 (Ill. App. Ct. 2002)   Cited 22 times
    Holding that "evidence that a defendant attempted to influence the testimony of a witness or to establish a false alibi is admissible to show consciousness of guilt" per state rule of evidence substantially identical to Rule 401

    On direct appeal, this Court, finding that certain evidence had been improperly admitted at trial, reversed the defendant's convictions and remanded the case to the circuit court for a new trial. People v. Hansen, 313 Ill. App.3d 491, 729 N.E.2d 934 (2000). On remand, the trial judge denied the State's motions in limine to admit certain evidence.

  9. State v. Randolph

    284 Conn. 328 (Conn. 2007)   Cited 89 times
    Declining to consider whether Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177, applies to pretrial hearings because "the impropriety was harmless beyond a reasonable doubt because ample evidence existed to support the trial court's probable cause determination"

    (Emphasis in original; internal quotation marks omitted.) State v. Harris, 36 Wash. App. 746, 751, 677 P.2d 202 (1984); see also People v. Hansen, 313 Ill. App. 3d 491, 505, 729 N.E.2d 934 (2000) ("In determining whether multiple crimes have been committed as part of a common design, scheme, or plan, we find it far more sensible to focus on the defendant's state of mind or purpose in committing the offenses than on the factual similarities of the offenses. Our conclusion in this regard is supported by the fact that similarities between crimes is the focus for determining the admissibility of other-crimes evidence to establish the existence of modus operandi.

  10. State v. Aaron

    272 Conn. 798 (Conn. 2005)   Cited 54 times
    Concluding statements of two year old victim to close family member more than seven years before defendant's arrest were not testimonial under Crawford objective witness formulation

    We also note that more than one half of the jurisdictions in the country similarly have rejected a heightened standard of proof for the admission of such evidence. See Akin v. State, 698 So. 2d 228, 235 (Ala.Crim.App. 1996); Ayagarak v. State, 2003 Alaska App. Lexis 73, *12-13 (April 23, 2003); State v. Gano, 92 Haw. 161, 172, 988 P.2d 1153 (1999); State v. Kay, 129 Idaho 507, 515, 927 P.2d 897 (1996); People v. Hansen, 313 Ill. App. 3d 491, 500, 729 N.E.2d 934 (2000); Clemens v. State, 610 N.E.2d 236, 242 (Ind. 1993); State v. Jones, 464 N.W.2d 241, 243 (Iowa 1990); Daniel v. Commonwealth, 905 S.W.2d 76, 78 (Ky. 1995); State v. Dean, 589 A.2d 929, 933 (Me. 1991); Commonwealth v. Wotan, 37 Mass. App. 727, 732-33, 643 N.E.2d 62 (1994), rev'd on other grounds, 422 Mass. 740, 665 N.E.2d 976 (1996); People v. Miller, 198 Mich. App. 494, 496, 499 N. W.2d 373 (1993); Lester v. State, 692 So. 2d 755, 779 (Miss. 1997); State v. Bickham, 917 S.W.2d 197, 198-99 (Mo.App. 1996); State v. Paulson, 250 Mont. 32, 38, 817 P.2d 1137 (1991); State v. Dukette, 145 N.H. 226, 229, 761 A.2d 442 (2000); State v. Delgado, 112 N.M. 335, 340, 815 P.2d 631 (1991); State v. Haskins, 104 N.C. App. 675, 679-80, 411 S.E.2d 376 (1991); State v. Knight, 131 Ohio App. 3d 349, 352, 722 N.E.2d 568 (1998); State v. Hayward, 327 Or. 397, 408-409, 963 P.2d 667 (1998); Commonwealth v. Odum, 401 Pa. Super. 8, 13, 584 A.2d 953 (1990); State v. Wright, 593 N.W.2d 792, 798 (S.D. 1999); State