Kane County Nuggets
612 episodes - English - Latest episode: about 4 years ago - ★★★★ - 46 ratingsThis is what truly efficient legal learning looks like. Samuel Partida, Jr. has a way of turning dry, criminal court decisions into understandable bits of valuable knowledge. The nuggets of information just plop out of the cases. Sam has a knack of focusing on the choices made by the people, the lawyers and the judges in the cases. Under this kind of learning regime, the lessons just naturally fall out of the discussion. Anyone with a desire to learn the criminal law in a fundamental way will find a home here. Staying current with the case law has never been this easy, nor this fun.
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Episodes
Scott’s Law In Illinois 625 ILCS 5/11-907(c)
March 18, 2020 19:42 - 13 minutes - 7.9 MBScott’s Law in Illinois is the requirement that drivers slow down and move over when police cars or other emergency vehicles are stopped on the roadway. Scott’s Law Basically Says… Scott’s law requires that a driver proceed cautiously when an emergency vehicle is stopped and Move over and change lanes and/or Slow down if changing lanes is impossible. The law imposes enhanced penalties, a possible driver license suspension, and even jail time for severe violations. 625 ILCS 5/11-907...
In 2020 Can Police Search Your Car If They Smell Marijuana?
March 04, 2020 21:11 - 44 minutes - 25.7 MBAfter Illinois passed the Cannabis Regulation and Tax Act which became effective in 2020, can police still search a car when they smell cannabis? The Old “Smell Of Weed Rule” In Illinois Before Decriminalization Of 2020 The warrantless search of a car is authorized “where a trained and experienced police officer detects the odor of cannabis emanating from a defendant’s vehicle.” People v. Stout, 106 Ill.2d 77, 88 (1985) The question today, is if this rule survived the cannabis law chang...
Chicago Police Body Cam Discovery With Peter Lewis: What To Do When You Don't Get It
January 08, 2020 18:48 - 33 minutes - 19.5 MBEpisode 724 (Duration 33:57). Chicago defense attorney Peter Lewis explains what a litigant can do when their criminal discovery is missing the police body cam video. In This Case... The State's Attorney's position is if they didn't get it from the police then it doesn't exist. Attorney Peter Lewis Am I Entitled To Have The Police Body Cam In My Case? Yes. Generally, speaking a criminal defendant is going to be entitled to possess a copy of the police body cam or cams involved in his or...
Illinois Residential Burglary Statute Makes It A Class 1 Felony
November 15, 2019 19:03 - 2 minutes - 1.56 MBResidential Burglary In Illinois In Illinois residential burglary is class 1 felony. The crime is defined by statute this way: A person commits residential burglary when he or she knowingly and without authority enters or knowingly and without authority remains within the dwelling place of another, or any part thereof, with the intent to commit therein a felony or theft. 720 ILCS 5/19-3(a). See also the Illinois Crimes Index. Illinois Residential Burglary Sentence Since the Illinois...
A Break Down Of The Illinois Custodial Sexual Misconduct Statute With Michael Wepsiec
November 12, 2019 22:25 - 29 minutes - 17.1 MBEpisode 698 (Duration 29:54). Attorney Michael Wepsiec of Murphosboro, Illinois deconstructs the custodial sexual misconduct criminal law statute. In This Episode... "'Hey I'm on parole, date me.' No body says that." -- Michael Wepsiec Attorney Michael Wepsiec Attorney Michael Wepsiec has over 34 years of legal experience. He is the former elected States's Attorney of Jackson County Illinois. Before that he has the Carbondale city attorney, and before that he was an assistant s...
Illinois v. Caballes: The Police Drug Dog Sniffer Case
November 08, 2019 15:37 - 1 minute - 1.03 MBIllinois v. Caballes, 543 U.S. 405 (2005). SCOTIS Notice (Duration 1:43) This is the SCOTUS case that set the framework for the use of drug dogs in the United States. [insert mp3 player] This opinion normalized the use of drug dogs by police departments during traffic stops. The case concluded that police don't need a warrant when they walk a drug dog around a car during a traffic stop. Issue Do police need a warrant to use a drug dog to sniff a car during a traffic stop? Facts Dr...
What To Do About Fatally Flawed Criminal Charges: Alan Downen Interview
October 08, 2019 13:16 - 31 minutes - 18.8 MBPeople v. Rowell, 229 Ill. 2nd 82 (May 2008). Episode 686 (Duration 31:58) What's the best way to handle legally insufficient criminal charges? In this episode you get a feel for what it's like working in the criminal law. Subscribe: Apple Podcasts | Google Podcasts | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Illinois attorney Alan Downen walks us through the detailed intricacies of just one issue in criminal lit...
Disorderly Conduct Conviction For Making A Threat Must Get Past Free Speech Protection
September 24, 2019 20:47 - 18 minutes - 8.63 MBPeople v. Khan, 2018 IL App (2d) 160724 (October). Episode 561 (Duration 18:46) Dude posted a message on facebook that he carries a gun on the college campus and people gonna end up in a body bag if they don't stop messing with him. Gist Defendant, Aden D. Khan, was convicted of committing disorderly conduct by making a threat of violence against persons at a school (720 ILCS 5/26-1(a)(3.5)) and sentenced to 30 months’ probation. Facts At the time, defendant was 17 years old. He ...
Expert Testimony On Drug Use Is Not Always Required Sometimes Any Joe Shmoe Can Identify Impairment From Drug Use
September 24, 2019 15:38 - 14 minutes - 6.55 MBPeople v. Gocmen, 2018 IL 122388 (September). Episode 540 (Duration 14:15) In obvious cases an officer need not be a drug detection expert to conclude a driver is under the influence of drugs. Lower Case Opinion People v. Gocmen, 2017 IL App (3d) 160025 (March). Episode 331 (Duration 7:57) Officer untrained in the use of narcotics doesn't know enough to make this DUI drug arrest. The trial court found that the officer lacked probable cause to arrest defendant for DUI/drugs because...
This Photo Causes Defense Counsel To Just About Have An Aneurysm
September 20, 2019 18:34 - 17 minutes - 7.87 MBPeople v. Middleton, 2018 IL App (1st) 152040 (June). Episode 503 (Duration 17:07) Here's the photo... Reversible error for the state to spring a doctored image before the jury on rebuttal argument. Gist Defendant was arrested and then charged with murder after allegedly shooting to death his girlfriend’s brother on the sidewalk outside the victim's home. A jury found defendant guilty of the first degree murder while personally discharging a firearm and sentenced to 53 years in pri...
Consensual Blood Draw Has To Be Clear And Unequivocal Especially If You Have Not Been Ticketed
September 18, 2019 22:55 - 17 minutes - 8.22 MBPeople v. Hayes, 2018 IL App (5th) 140223 (February). Episode 461 (Duration 17:53) Defendant runs over and kills a 7 year old boy, however, the resulting blood draw is out because defendant was never under arrest. Hits & Kills A Little Boy Defendant was driving home from the store with two of his children. One of the children attempted to hand the defendant a piece of candy to unwrap for him. The defendant looked back to talk to the child. As he did, his vehicle struck seven-year-old...
“No Talking” Command Was An Order Not A Request
September 18, 2019 22:46 - 7 minutes - 3.23 MBPeople v. Lee, 2018 IL App (3d) 170209 (February). Episode 458 (Duration 6:59) 25 minute wait for the sniff dog was too long. Drug Charges The State charged defendants, Wan Fung Lee and Jacky Yao Chuan Xiong, with unlawful cannabis trafficking (720 ILCS 550/5.1(a) (West 2014)), unlawful possession with intent to deliver cannabis (id. § 5(g)), and unlawful possession of cannabis (id. § 4(g)). The Stop Sergeant Clint Thulen testified that he pulled over defendants’ vehicle on March 9...
Little Reminder Why Gun Bans Aren’t So Easy
September 18, 2019 22:36 - 10 minutes - 4.64 MBPeople v. Chairez, 2018 IL 121417 (February). Episode 457 (Duration 10:04) Another UUW provision is struck down. Gist On April 24, 2013, pursuant to a negotiated plea agreement, defendant Julio Chairez pled guilty in the circuit court of Kane County to possessing a firearm within 1000 feet of Virgil Gilman Trail, a park in Aurora, Illinois, in exchange for the State’s agreement to file a nolle prosequi for several other charges and the recommendation that defendant receive a sentence o...
Retail Theft Statute Countermands This Class Of Burglaries
September 18, 2019 22:30 - 11 minutes - 5.3 MBPeople v. Johnson, 2018 IL App (3d) 150352 (January). Episode 456 (Duration 11:30) Stealing from a Walmart was not a burglary. Sad Facts Defendant is caught takign $76.91 in girl’s clothing from a Walmart. He was pro se and got a hung jury the first time. In the second trial was aquitted of retail therfet but convicted of burglary. Although burglary is a Class 2 felony with a three-to-seven-year sentencing range (720 ILCS 5/19-1(b) (West 2014); 730 ILCS 5/5-4.5-35(a) (West 2014)), ...
Is Attempt Armed Robbery A Per Se Forcible Felony? Hmmm?
September 14, 2019 23:38 - 8 minutes - 3.75 MBPeople v. Brown, 2017 IL App (1st) 150146 (May). Episode 377 (Duration 8:07) Attempt armed robbery is a per se forcible felony. Facts Following a bench trial, defendant Dewayne Brown was convicted of the offense of armed habitual criminal. He was sentenced to 8 years’ imprisonment. Officers are drawn to a parking lot when a car alarm goes off. In the lot they find defendant and his girlfriend smoking a blunt in their own car. Defendant gets out of his car, but is immediately handc...
Ron Hain Kane County Sheriff Has Started A Series Of New Jail Programs Designed To Leave Inmates Better Off Than When They Came In
August 22, 2019 14:48 - 34 minutes - 19.8 MBKane County Sheriff Ron Hain has instituted a series of new inmate programs. Episode 667 (Duration 34:37) The Kane County Jail's new Diversion Program is making every effort to leave detainees better off than when they came into the jail. In This Episode... "'Go and get that bad guy' is actually a bad way to look at our community." -- Sheriff Ron Hain Sheriff Ron Hain Ron Hain was elected Sheriff of Kane County in 2018. As a deputy his number one focus was on gang and drug enforce...
Updates On Cannabis Law & Bail Reform With Jamie Mosser Candidate For Kane County State’s Attorney
July 31, 2019 12:23 - 26 minutes - 15 MBJamie Mosser, candidate for Kane County State's Attorney, stops by to provide an update on the new Illinois cannabis law and lets us know what's happening with bail reform in Illinois. Episode 658 (Duration 26:11). In This Episode… “What I want to do is take a strong office that we already have with some amazing people, and I just want to make it better.” — Jamie Mosser. Attorney Jamie Mosser Jaime Mosser is a former Kane County Assistant State’s Attorney. She’s now in private practi...
Why You Should Never Pass Out While In Police Custody...You May Find Yourself In A Hospital Getting Jabbed For Blood
July 08, 2019 18:06 - 22 minutes - 12.6 MBMitchell v. Wisconsin, SCOTUS No. 18–6210, Decided June 27, 2019. Episode 647 (Duration 22:02) Unconscious drivers plus natural BAC dissipation create an exigent circumstance for a blood draw. Gist Police get a call of a very drunk man driving off. Man Is Found Man is found near a lake stumbling and slurring his words. He could hardly stand without the support of two officers. Field sobriety tests were hopeless, if not dangerous, but he could blow for a preliminary breath test. I...
Gary True On What Happens When Police See Your Gun In Public
June 03, 2019 22:44 - 31 minutes - 18.3 MBEpisode 643 (Duration 31:51) Illinois attorney Gary True explains the risk involved for anyone who reveals their gun in public. Licensed and unlicensed gun carriers have something to worry about. In This Episode... "A law abiding person that exposes his gun too much, what ever too much is, is subject to being charged and subject to being searched ." -- Gary True. Attorney Gary True Gary True practices in the areas of business and corporate law, mergers and acquisitions and estate pla...
Matthew Paulson & Larry Vandersnick Explain Exactly What Is Happening During This Common Kind Of Traffic Stop
May 15, 2019 02:25 - 31 minutes - 18.2 MBPeople v. Kruckenberg, 2019 IL App (3d) 170505-U. Episode 628 (Duration 31:43). Matthew Paulson and Larry Vandersnick describe a drug interdiction traffic stop and analyze where it went wrong for the prosecution. In This Episode... "The appellate court is looking at what is actually going on in the case versus just looking at the total amount of time." -- Matthew Paulson. Matthew Paulson & Larry Vandersnick Matt Paulson has over 7 years of experience and has distinguished himself i...
Double Jeopardy Concern Means There WILL BE A Second Trial In This Case
April 24, 2019 15:22 - 11 minutes - 12.9 MBPeople v. Drake, 2019 IL 123734 (March). Episode 620 (Duration 11:14) Although the reversal is still good the lower court judgement that double jeopardy barred a retrial is reversed. Gist Defendant was sentenced to 20 years’ imprisonment for aggravated battery of a child. Facts At defendant’s bench trial, the nurse testified that, as a registered nurse, she treated J.H. in the pediatric intensive care unit at Stroger Hospital for burns to his buttocks, genital area, and legs. When...
Butt In The Box Rule Means Your Available For Cross Examination
April 23, 2019 15:29 - 14 minutes - 16.2 MBPeople v. Smith, 2019 IL App (3d) 160631 (March). Episode 619 (Duration 14:06) Kid is available for cross even though they don't remember the actual allegation of sexual abuse. Gist Defendant was charged with predatory criminal sexual assault of a child (720 ILCS 5/11- 1.40(a)(1)) in that he placed his penis in the mouth of J.H. Charges The information alleged that defendant was 17 years of age or older at the time of the offense and J.H. was under 13 years of age. The State filed ...
Eyewitness Expert Not Allowed To Get Into Individual Witnesses Reliability
April 22, 2019 15:42 - 11 minutes - 13.3 MBPeople v. Corral, 2019 IL App (1st) 171501 (March). Episode 618 (Duration 11:38) Kid got his eyewitness expert witness on the stand, but the witness was not allowed to get into what she thought about the reliability of the witness. Gist Buyers in a deal to purchase some cannabis instead shot the dealers in an attempt to take the weed. The shooter was a 16 year old. One man was hit 8 times and died. The dealer identified defendant then picked his photo out of a live line-up. Kid got...
Be Careful With Admissions By Omissions
April 17, 2019 14:38 - 15 minutes - 18.1 MBPeople v. Ruiz, 2019 IL App (1st) 152157 (March). Episode 617 (Duration 15:47) Defendant's conversation with his buddy is recorded and his friend kept telling him he always takes things to far. Gist Defendant was convicted of murder. He shot a killed a guy. Issue Prior to trial, defendant again tried to exclude recorded statements by filing a motion in limine to preclude the introduction at trial of a conversation between defendant and co-arrestee that took place in adjacent room...
Prosecutors Questions Could Have Been Presented More Clearly And Completely In The Grand Jury Room
April 16, 2019 16:38 - 15 minutes - 17.8 MBPeople v. Rebollar-Vergara, 2019 IL App (2d) 140871 (March). Episode 616 (Duration 15:29) Defendant gets into an argument with a guy and his buddy ups and shoots him, then sloppy questioning happens in the grand jury room. Facts Defendant and his buddy approach a rival gang member and trash talking ensues. At one point the defendant’s buddy takes out his gun and fires 10 shots at the guy. One shot hits him in the back and the man dies. The shooter is convicted of murder in his own t...
An Example Of Inartful Closing Argument And How To Fix It
April 15, 2019 15:41 - 15 minutes - 17.7 MBPeople v. Garcia, 2019 IL App (2d) 161112 (March). Episode 615 (Duration 15:28) Prosecutor used an inartful example to illustrate accountability, but this was not plain error. Gist Following a trial in the circuit court of Boone County, a jury found defendant, Ricardo A. Garcia, guilty of first-degree murder in connection with the shooting death of Giovanni Galicia (720 ILCS 5/9-1(a)(1), (a)(2), (a)(3)). Defendant was also found guilty of mob action (720 ILCS 5/25-1(a)(1)). He was fo...
It's Structural Error To Proceed With A Bench Trial Without A Knowing Waiver In Open Court
April 10, 2019 15:23 - 11 minutes - 13.5 MBPeople v. Johnson, 2019 IL App (1st) 162517 (March). Episode 614 (Duration 11:45) No valid jury waiver in the record even though he apparently signed the waiver form. Charges Defendant was charged with armed violence (720 ILCS 5/33A-2(a)), possession of a controlled substance with intent to deliver (720 ILCS 570/401(a)(1)(B)), and the unlawful use or possession of a weapon by a felon (720 ILCS 5/24-1.1(a)). Trial Date Set After the court discussed defendant’s decision to reject t...
In This DUI The Officer Substantially Complies With His Breathalyzer Certification
April 09, 2019 14:39 - 12 minutes - 14.8 MBPeople v. Caraballo, 2019 IL App (1st) 171993 (March). Episode 613 (Duration 10:42) Officer was not certified at the time of the breathalyzer, but he was substantially certified. Gist This is a DUI stop with an arrest. The jury found defendant guilty of driving with an alcohol concentration of .08 or more and guilty of driving under the influence of alcohol. Defendant was sentenced to 12 months’ conditional discharge. The Breathalyzer The Officer testified that at the police stat...
March 2019 Speed Round (The Illinois Criminal Case Law Round Up)
April 08, 2019 20:38 - 44 minutes - 50.8 MBThis is the March 2019 Illinois criminal case law audio round-up (the fast case law summary). Episode 612 (Duration 44:19) The March 2019 Top Illinois Criminal Law Cases (The Monthly Round-Up) Here's a quick snapshot of the top cases: 1. People v. Patel State failed to produce discover for the SSS Hearing, they subsequently blew Trainor. 2. People v. Caraballo Officer was not certified at the time of the breathalyzer, but he was substantially certified. 3. People v. Sanchez D...
Is It Constitutional To Ban Guns From Public Housing?
April 04, 2019 16:26 - 11 minutes - 5.1 MBPeople v. Cunningham, 2019 IL App (1st) 160709 (March). Episode 611 (Duration 9:18) Defendant gets 3 years for shooting himself in the leg in a housing project; this UUW version is constitutional. See Also These Prior Constitutionality Cases Episode 610 - People v. Webb, 2019 IL 122951 (March) (UUW Provision Banning Stun Guns Is Shot Down) Episode 387 – People v. Holmes, 2017 IL 120407 (July) (Can Police Stop You If They See A Gun?) Episode 457 – People v. Chairez, 2018 IL 121417 (...
UUW Provision Banning Stun Guns Is Shot Down
April 03, 2019 14:31 - 7 minutes - 3.55 MBPeople v. Webb, 2019 IL 122951 (March). Episode 610 (Duration 6:17) Another version of UUW is held unconstitutional; this time it’s the one banning tasers. Charges Defendant was charged by misdemeanor complaint with violating section 24-1(a)(4) of the UUW statute (720 ILCS 5/24-1(a)(4)) after he was discovered carrying a stun gun in his jacket pocket while in his vehicle on a public street. Gist He was charged by misdemeanor complaint with violating section 24-1(a)(4) after he was ...
Police Chase Some Men, See A Gun And Arrest Them - Is That Legal?
April 02, 2019 16:01 - 18 minutes - 8.39 MBPeople v. Thomas, 2019 IL App (1st) 170474 (March). Episode 609 (Duration 11:51) Police see a defendant hand a gun to another person and then try to run and hide. First See Episode 552 - People v. Bonilla, 2018 IL 122484 (October) (Supreme Court Is Pushed To Decide If Apartments Have Less Constitutional Protection Than Houses) Episode 464 - Recap of the Apartment v. House Controversy Episode 595 - In re K.M., 2019 IL App (1st) 172322 (February) (Police Still Haven’t Quite Got The Ha...
Defendant Wanted To Tell The Jury That He Pays For Sex
March 28, 2019 01:58 - 10 minutes - 4.72 MBPeople v. Encalado, 2017 IL App (1st) 142548 (February). Episode 314 (Duration 10:18) Trial judge did not allow the defendant to ask the jury if they could remain impartial not withstanding the fact that likes to pay for sex. Facts Defendant was found guilty of a brutal sex assault. The victim testified she got her into his car on a rouse and then punched her in the face and put her clothes over her face and raped her. Other Crimes (not an issue) Other crimes evidence was admitt...
Reckless Discharge Requires Endangering The Bodily Safety Of "An Individual"
March 28, 2019 01:55 - 3 minutes - 1.75 MBPeople v. Grant, 2017 IL App (1st) 142956 (February). Episode 313 (Duration 3:49) Defendant shot himself in an empty apartment, reckless discharge? Facts Defendant shot himself in the hand. He told the cops it happened when he was trying to clear it. The gun belongs to his sister’s boyfriend who also lived there. Reckless Discharge "A person commits reckless discharge of a firearm by discharging a firearm in a reckless manner which endangers the bodily safety of an individual."...
Citizen's Arrest Made By Off Duty Officer Way Outside His Jurisdiction
March 28, 2019 01:44 - 10 minutes - 4.77 MBPeople v. Williams, 2017 IL App (3d) 150879 (February). Episode 312 (Duration 10:26) Off duty officer outside his jurisdiction stops defendant for swerving; this leads to a DUI arrest. Facts Off duty officer is on on his way home after a shift. He is in an unmarked squad car equipped with a radar gun. He is still in his police uniform. He is driving in another county when he sees defendant driving in the opposite lane towards him. Defendant is going 60 in a 25 and swerves into the ...
What Does Timbs v. Indiana Have To Say About Illinois Asset Forfeiture?
February 25, 2019 18:08 - 24 minutes - 11.3 MBTimbs v. Indiana, 2019 SCOTUS (February). Episode 594 (Duration 24:32) Eight Amendment ban on excessive fines and forfeitures extends to the states. Subscribe: Apple Podcasts | Google Podcasts | Spotify | Android | RSS APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS While Supplies Last Get A FREE Copy Of The Book... Not your typical legal book. Easily identify winning scenarios. Busy lawyer's guide to explosive litigation growth. Get Free Book Now! Click Here For Free...
This Feels A Little Like Sheriff Rosco P Coltrane
February 18, 2019 20:20 - 13 minutes - 6.33 MBPeople v. Bowden, 2019 IL App (3d) 170654 (February). Episode 591 (Duration 11:29) Another example of evidence that was admitted to demonstrate the course of the police investigation. Facts The officer was following defendant’s vehicle, in Carthage, Illinois, in the westbound lane of Highway 136. The westbound lane was defined with a solid white fog line on the right and two solid yellow lines on the left. The officer testified that the single westbound lane of Highway 136 became two ...
Demon Tells Defendant To Test His Mortality: He Collides Into A Mother's Mini-Van
February 15, 2019 17:00 - 13 minutes - 5.99 MBPeople v. Oelerich, 2017 IL App (2d) 141281 (February). Episode 295 (Duration 13:05) Defendant had severe mental delusions and issues when he drove his car head on into a lady's mini van. Facts Defendant was either trying to kill himself or test to see if he was invisible when he drove his mother's Cadillac into a minivan with a mother and her two children. The mother died. Defendant was convicted of murder. Mentally Ill He had been on Haldol, an antipsychotic drug. He was su...
Trial Court Distinguishes The Hell Out Of Lerma To Deny The Use Of Eyewitness Expert
February 13, 2019 17:00 - 10 minutes - 4.75 MBeople v. Anderson, 2017 IL App (1st) 122640 (January). Episode 293 (Duration 10:22) Trial court distinguishes Lerma to deny the use of an eyewitness expert in this case. Facts The victims were shot to death as they sat in a vehicle in the parking lot behind Leader Liquors. Officers just happen to be going to that area when they heard multiple gunshots and saw a man standing near a car shooting at the occupants. A chase ensues. The officers have moments to observe the shooters face...
Surveillance Privilege Unjustified When Cop Is The Only Witness
February 08, 2019 17:00 - 8 minutes - 4.09 MBIn re Manuel M., 2017 IL App (1st) 162381 (January). Episode 292 (Duration 8:55) Accused minor was not allowed to cross the officer on the location he said he made his observations. Facts The respondent was arrested for reckless conduct after he was seen flashing gang signs at passing cars near Throop Park in Chicago. When the respondent was searched following his arrest, a pistol was found in his pants. The State alleged in a petition for adjudication of wardship that the 16-year-...
What To Tell Defendants About The PSI
January 16, 2019 15:10 - 8 minutes - 4.11 MBPeople v. Woods, 2018 IL App (1st) 153323 (December). Episode 581 (Duration 8:55) Defendant was ordered to cooperate with the PSI and the judge turned around and used what he said against him. Charges & Sentence Courtney Woods was found guilty after a bench trial of two counts of armed robbery (720 ILCS 5/18-2(a)(2), (3) (West 2012)) and sentenced to concurrent terms of 34 years’ imprisonment. Facts In response to Mr. Woods’s motion for a new trial, the trial court reconsidered its...
In Illinois Post Arrest Silence Even Before Miranda Generally May Not Be Commented On
January 15, 2019 15:34 - 9 minutes - 4.56 MBPeople v. Boston, 2018 IL App (1st) 140369 (December). Episode 580 (Duration 9:54) Long complicated murder case, here is some information on commenting on pre-arrest silence. Rebuttal Closing These statements were made by the ASA during rebuttal closing argument: “The defendant doesn’t say to her, I mean, you know, in his lie, but in reality, he never says I need help, and, in fact, the police told you that when Curry comes with McPherson, the defendant says nothing. If you’re killing...
An Update On The Barney Fife Traffic Stop
January 14, 2019 16:41 - 16 minutes - 7.55 MBWhat is happening in Illinois with the mistake of law doctrine? Episode 579 (Duration 16:25) [ In Re Maurice J. In re Maurice J., 2018 IL App (1st) 172123 (June). Episode 506 (Duration 8:18) Officer not knowing the traffic law he says he was enforcing is not the same as being reasonably confused about the law. Gun Case The minor respondent was charged in juvenile court and adjudicated for UUW under 21. The minor was sent to JIDOC Facts Police see a car “go around a speed bum...
Aggravated Battery is Not Necessarily a Forcible Felony
January 11, 2019 17:00 - 3 minutes - 1.38 MBPeople v. White, 2015 IL App (1st) 131111 (December 2015). Episode 126 (Duration 3:01) Domestic battery is not a forcible felony that can support a conviction for armed habitual criminal. Defendant was convicted of being an armed habitual criminal and committing armed violence when he was stopped, dropped a gun, and had drugs on his person. Originally published on January 11, 2016. Forcible Felony Because domestic battery is not expressly enumerated in subsection (2) or (3) of the ...
Single Finger Eyewitness Identification Cases Remain Alive And Well
January 09, 2019 16:18 - 7 minutes - 3.3 MBIn re N.A., 2018 IL App (1st) 181332 (December). Episode 578 (Duration 7:08) It it still appropriate to allow a conviction based on the word of one eyewitness? An Armed Robbery Around 8:10 p.m., victim backed her car into her garage. Her nine year old daughter sat next to her. As the victim opened her car door, two men walked into the garage and positioned themselves on either side of her car. Still seated, she looked up and saw the man’s face. He pointed a gun at her and demanded he...
Other Crimes Evidence In A Sex Case Can’t Touch Basic Joinder Rules
January 08, 2019 16:30 - 7 minutes - 3.34 MBPeople v. Hayden, 2018 IL App (4th) 160035 (December). Episode 577 (Duration 7:14) Predatory reversed due to non severance of the charges. Gist Life sentence in a predatory criminal sexual assault is reversed because the charges were not severed. Joinder of Charges A trial court may order that two or more charges be tried together “if the offenses *** could have been joined in a single charge.” 725 ILCS 5/114-7. “Two or more offenses may be charged in the same [charging instrume...
December 2018 Speed Round (The Illinois Criminal Case Law Round Up)
January 07, 2019 15:28 - 23 minutes - 10.8 MBThis is the December 2018 Illinois criminal case law audio round-up (the fast case law summary). Episode 576 (Duration 23:33) The December 2018 Top Illinois Criminal Law Cases (The Monthly Round-Up) Here's a quick snapshot of the top cases: 1. People v. Manzo This one will be controversial: Illinois Supreme Court holds their was no nexus to the house justifying the search warrant. 2. People v. Clark 2019 will see a new fines and fees law take effect, Supreme Court stuck it to thi...
When Prior Testimony Of An Unavailable Witness Is Admitted The Testimony May Be Impeached
January 02, 2019 16:35 - 5 minutes - 2.72 MBPeople v. Fillyaw, 2018 IL App (2d) 150709 (December). Episode 575 (Duration 5:52) Improper to not allow the defense to impeach an unavailable witness with an affidavit obtained by the defense. Gist This was a home invasion committed by 2 gunman. One victim was shot and killed while 2 others were shot but survived. Two witnesses were found unavailable by the time the second trial came around. The court allowed the State to read to the juries testimony from the first trial. One witness ...
Police Have To Be Reminded To Go Get A Warrant Before They Draw Dude's Blood
January 01, 2019 19:27 - 6 minutes - 3.1 MBPeople v. Pratt, 2018 IL App (5th) 170427 (December). Episode 574 (Duration 6:41) Warrantless blood draw after an accident deemed unconstitutional blood results excluded. Gist The Ford Expedition he was driving struck a tractor trailer, causing extensive damage to the defendant’s vehicle. Daniel Tutor, a passenger in the defendant’s vehicle, died at the scene. The defendant sustained serious injuries to his face. An emergency room nurse drew blood from the defendant at a detective’s ...
Nexus To Defendant’s House Was Bare-Bones & Lacking
December 31, 2018 16:47 - 10 minutes - 4.71 MBPeople v. Manzo, 2018 IL 122761 (December). Episode 573 (Duration 10:14) This one will be controversial: Illinois Supreme Court holds their was no nexus to the house justifying the search warrant. Gist 3 buys from a guy is used for a search warrant into the house the guy came from. None of the buys occurred at the house. Defendant was not the target, but it was his house. 3 Buys An undercover had purchased from the cousin 3 times over 20 days. 2 purchases were near the vicinity o...