People v. Barner
Annotate this CaseBarner was convicted of aggravated criminal sexual assault (720 ILCS 5/12-14(a)(1)) and sentenced to natural life in prison. His convictions and sentence were affirmed on appeal. The Illinois Supreme Court later vacated and remanded for reconsideration in light of People v. Williams (2010). The appellate court again affirmed. That decision was vacated by a new supervisory order from the Illinois Supreme Court to reconsider in light of People v. Leach (2012). The appellate court again affirmed. The Illinois Supreme Court affirmed, finding that Barner’s Sixth Amendment right to confrontation was not violated when three state witnesses were allowed to testify concerning the DNA laboratory work and conclusions of nontestifying scientists. None of the documents at issue took the form of an affidavit, attestation, certification, sworn statement, or formal declaration; they lacked the “formality and solemnity” necessary for a statement to be testimonial. The court noted that Barner presented no evidence and did not impeach the state’s witnesses in any significant way, so that any error was harmless beyond a reasonable doubt. Properly admitted evidence overwhelmingly supported the conviction. The main focus at trial did not concern the identification of the attacker, but was the victim’s credibility and her account of the assault.
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