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Shared-Intent Requirement of Common Design Rule Remains Only Mostly Dead

August 13, 2020 By Samuel Partida, Jr.

https://traffic.libsyn.com/secure/criminalnuggets/800.mp3

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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.

https://traffic.libsyn.com/secure/criminalnuggets/788.mp3

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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.

http://traffic.libsyn.com/criminalnuggets/760.mp3

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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.

http://traffic.libsyn.com/criminalnuggets/617b.mp3

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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 Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/616b.mp3

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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 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.

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Filed Under: Accountability, Mitigation

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

October 18, 2017 By Samuel Partida, Jr.

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

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