Kane County Nuggets

Internal education and training for the Kane County State's Attorney's Office.

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Felony Murder Requires The Commission Of A Forcible Felony That Requires Contemplation Of Violence

June 4, 2024 By Samuel Partida, Jr.

People v. Coleman, 2023 IL App (2d) 220008 (April). Episode 994 (Duration 8:50)

The test for a forcible felony under the residual clause is not whether the felony is normally classified as nonviolent, but whether, under the particular facts of the case, it was contemplated that violence might be necessary to enable the conspirators to carry out their common purpose.

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Filed Under: Accountability, Felony Murder, Forcible Felony

Charging Mom As An Accomplice On A Child Abuse Case, Don’t Give This Instruction

May 28, 2024 By Samuel Partida, Jr.

People v. Woods, 2023 IL 127794 (March). Episode 991 (Duration 6:22)

The law of accountability is misstated when the jury iss instructed that the defendant could be held accountable if she did not know, but should have known, of her paramour’s abusive conduct.

[Read more…]

Filed Under: Accountability, Battery, Jury Instructions Tagged With: Illinois Supreme Court

Vehicular Invasion Occurred When Victim Struggled to Keep Car Door Closed That Was Forced Open

March 22, 2024 By Samuel Partida, Jr.

People v. Walls, 2022 IL App (1st) 200167 (June). Episode 951 (Duration 6:07)

Defendant used constraining power, compulsion, and strength toward a specific end in holding victim’s door

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Filed Under: Accountability, Vehicular Hijacking Tagged With: Force, Vehicular Invasion

No Plan To Kill But First Degree Murder Sustained On Theory of Accountability

August 18, 2022 By Samuel Partida, Jr.

People v. Carr-McKnight, 2020 IL App (1st) 163245 (August). Episode 812 (Duration 6:25)

Defendant is guilty of first degree murder type A based on a theory of accountability.

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Filed Under: Accountability

Accountability Shared Intent Distinction

August 13, 2020 By Samuel Partida, Jr.

People v. Jackson, 2020 IL App (4th) 170036 (July). Episode 800 (Duration 9:41)

A defendant need not intend to commit any specific crime in a common-design case.

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Filed Under: Accountability

Decoy Driver Status Was Nothing But Rank Conjecture And Speculation

June 22, 2020 By Samuel Partida, Jr.

People v. Crane, 2020 IL App (3d) 170386 (May). Episode 788 (Duration 16:03)

State didn’t really prove that defendant was the decoy driver for a plan to transport cannabis to Virginia for distribution.

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Filed Under: Accountability

A Difficult Case That Leaves Us Wondering How We Got Here

April 8, 2020 By Samuel Partida, Jr.

People v. Ramos, 2020 IL App (1st) 170929 (March). Episode 760 (Duration 21:44)

Conviction for murder reversed outright where the judge misconstrued defendant’s so called confession.

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Filed Under: Accountability, Confession

Be Careful With Admissions By Omissions

April 17, 2019 By Samuel Partida, Jr.

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.

[Read more…]

Filed Under: Accountability, Hearsay

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

April 16, 2019 By Samuel Partida, Jr.

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.

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Filed Under: Accountability, Dismissal, Grand Jury

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

September 12, 2018 By Samuel Partida, Jr.

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

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Categories

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