By Samuel Partida, Jr.
People v. Henry, 2025 IL App (3d) 230137 (January). Episode 1095 (Duration 14:01)
Subsequent offenses, even related offenses, do not grant the State the right to bring charges in the county to which a defendant flees and commits new crimes unless venue is independently appropriate in that county.
[Read more…]By Samuel Partida, Jr.
People v. Patterson, 2024 IL App (1st) 221619 (December). Episode 1094 (Duration 6:55)
It is well settled that a defendant is entitled to a jury instruction on self-defense if there is some evidence, however slight, in the record to support that defense.
[Read more…]By Samuel Partida, Jr.
People v. Martin, 2024 IL App (4th) 240629 (December). Episode 1093 (Duration 10:19)
We see no reason why only the State, and not the victim, should be able to pursue contempt actions in a criminal case where restitution is ordered.
[Read more…]By Samuel Partida, Jr.
People v. Cruz Aguilar, 2024 IL App (5th) 220651 (December). Episode 1092 (Duration 6:16)
SR-22 suspended driver’s license does not support a felony charge and conviction for aggravated DUI based on no DL.
[Read more…]By Samuel Partida, Jr.
People v. Coe, 2024 IL App (5th) 240976 (December). Episode 1091 (Duration 7:49)
Exactly what standard does the state have to prove that suspect committed a new class A or felony?
By Samuel Partida, Jr.
People v. Leverson, 2024 IL App (1st) 211083 (December). Episode 1090 (Duration 8:22)
Appellate court cannot look the other way when the police flagrantly disregard a defendant’s rights when he asserts them and then badger him into waiving those rights.
[Read more…]By Samuel Partida, Jr.
People v. Dawson, 2024 IL App (3d) 240129 (December). Episode 1089 (Duration 10:05)
A false promise has the unique potential to make a defendant’s decision to speak irrational and the resulting confession unreliable.
[Read more…]By Samuel Partida, Jr.
People v. Quezda, 2024 IL 128805 (December). Episode 1088 (Duration 8:30)
The appropriate way to address unpreserved errors in a cumulative error claim is to determine whether the aggregate effect of those errors rises to the level of plain error.
[Read more…]By Samuel Partida, Jr.
People v. Clark, 2024 IL 127838 (December). Episode 1087 (Duration 11:37)
Bass and Smith erred in holding that arrests pursuant to investigative alerts automatically violate the Illinois Constitution.
[Read more…]By Samuel Partida, Jr.
People v. Maillet, 2019 IL App (2d) 161114 (July). Episode 1086 (Duration 9:11)
The legislature’s intent undoubtedly was to protect the privacy rights of the person who was video recorded without that person’s consent in that person’s residence, where that person would have an increased expectation of privacy, regardless of the residence of the person who made the recording.
[Read more…]