People v. Shinaul, 2017 IL 120162 (February). Episode 311 (Duration 4:52)
State is not allowed to reinstate charges after Defendant vacates an invalidated Aguilar AUUW conviction. [Read more…]
Can an Invalidated Aguilar Conviction be Used in Aggravation in a Sentencing?
People v. Billups, 2016 IL App (1st) 134006 (May). Episode 188 (Duration 4:52)
Trial counsel was ineffective for trial court’s consideration of two convictions later ruled unconstitutional. [Read more…]
Old Aguilar Gun Convictions Can’t Be Used As Predicates For More Serious Crimes
People v. McFadden, 2016 IL 117424 (June). Episode 187 (Duration 5:17)
Defendant questioned the validity of his UUW Felon conviction because it was predicated on a AUUW invalidated under Aguilar. [Read more…]
If Aguilar Says Some Gun Possession Is Legal Then Can The Police Stop You If They See A Gun?
See People v. Holmes, 2015 IL App (1st) 141256 (November). Episode 108 (Duration 4:30).
People v. Aguilar invalidated some gun charges, in Illinois this means some seizures are also unconstitutional. [Read more…]
Proportionate Penalties Challenge To AUUW No FOID Section Fails
People v. Williams, 2015 IL 117470 (November 2015). Episode 109 (Duration: 4:33)
Certain sections of the AUUW statute criminalizing gun possession with a valid FOID remain constitutional. [Read more…]