First District Appellate Court Reverses Aggravated Battery Conviction

The First District of the Illinois Appellate Court reverses the Defendant’s conviction for Aggravated Battery to a Nurse on the grounds that the State failed to prove that the Defendant formed the intent to cause either bodily harm or contact of an insulting or provoking nature based on the fact that the nurse initiated bodily contact to remove jewelry to perform a medical procedure where the Defendant wanted neither the procedure nor his cross removed.

The concurrence goes further, stating this is an example of the further criminalizing of the mentally ill, and that this prosecution should never have been brought.

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