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Be Careful With Admissions By Omissions

April 17, 2019 By Arthur McGibbons

People 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 too far.

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Filed Under: Accountability, Hearsay, Podcast

Prosecutors Questions Could Have Been Presented More Clearly And Completely In The Grand Jury Room

April 16, 2019 By Arthur McGibbons

People 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. [Read more…]

Filed Under: Accountability, Dismissal, Grand Jury, Podcast

In A Drug Conspiracy State Has To Prove The Amount of Drugs Attributable To The Conspiracy

September 12, 2018 By Arthur McGibbons

People v. Long, 2012018 IL App (4th) 150919 (August). Episode 535 (Duration 7:35)

Defendant is guilty of a conspiracy but the state had to prove how much meth they made with his camping fuel.

[Read more…]

Filed Under: Accountability, Mitigation

Legitimate Claim Of Self Defense Gets Twisted Into An Armed Violence Conviction

October 18, 2017 By Arthur McGibbons

People v. Barnes, 2017 IL App (1st) 142886 (September). Episode 405 (Duration 12:06)

Defendant shot at someone that first shot at him, the state says this constitutes mob action and armed violence. [Read more…]

Filed Under: Accountability

Drug Conviction Based On A Criminal Theory Of Accountability

August 8, 2017 By Arthur McGibbons

People v. Church, 2017 IL App (5th) 140575 (June). Episode 374 (Duration 7:55)

Defendant used facebook and text message to help a lady get drugs; she ends up overdosing. [Read more…]

Filed Under: Accountability

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