Criminal Nuggets...

Kane County State's Attorney Podcast

Court Is Taking The Discovery Rules Seriously In Summary Suspension Hearings

April 20, 2020 By Arthur McGibbons

People v. Patel, 2019 IL App (2d) 170766 (March). Episode 603 (Duration 19:01)

State failed to produce discover for the SSS Hearing, they subsequently blew Trainor.

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Filed Under: Discovery, Police, Suspension

Discovery In Criminal Law Cases This Is How It Works

April 8, 2020 By Arthur McGibbons

There is a scene from “My Cousin Vinny” that perfectly describes how discovery in criminal law works.

Attorney Frank Gambini (Joe Pesci) walks into the room he’s sharing with Mona Lisa Vito (Marisa Tomei) gleaming with pride because he just “finessed” a box of records from the prosecution.

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Filed Under: Discovery

Chicago Police Body Cam Requirement

January 8, 2020 By Arthur McGibbons

In Chicago all police officers are required to wear a police body cam.

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Filed Under: Discovery

Illinois FOIA Exceptions To Know About

February 27, 2019 By Arthur McGibbons

Illinois FOIA Request Made By Newspapers And The Press Is Denied

Illinois FOIA | 5 ILCS 140/1

FOIA expressly declares that civilians are entitled to full and complete information from the government. The underlying public policy and legislative intent is captured with the following:

[Read more…]

Filed Under: Discovery

What To Do, What To Do About Lost, Destroyed, or Missing Video?

November 6, 2018 By Arthur McGibbons

People v. Montgomery, 2018 IL App (2d) 160541 (October). Episode 555 (Duration 14:02)

It’s unclear if the video ever existed, regardless, it was not tendered to defense counsel, and it’s unclear what’s the best remedy. [Read more…]

Filed Under: Discovery, DUI, Police

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