By Samuel Partida, Jr.
People v. Cooper, 2024 IL App (2d) 220158 (March). Episode 1040 (Duration 12:54)
Applying defendant’s interpretation of the law, an elderly battery victim would need to display some form of age-related identification to his or her attacker prior to being assaulted or mention his or her age.
[Read more…]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…]By Samuel Partida, Jr.
People v. Whitehead, 2023 IL 128051 (March). Episode 984 (Duration 6:44)
a “public place of accommodation or amusement” is a place for the use of the general public that is supplied for convenience, to satisfy a need, or to provide pleasure or entertainment.
[Read more…]By Samuel Partida, Jr.
People v. Davidson, 2023 IL 127538 (January). Episode 860 (Duration 7:28)
Determining the “essential characteristics” of the physical contact requires a consideration of the surrounding context. To the extent the appellate court in Ward held that the inquiry is a subjective question, that decision is overruled. See People v. Ward, 2021 IL App (2d) 190243, ¶ 50.
[Read more…]By Samuel Partida, Jr.
People v. Castillo, 2022 IL 127894 (November). Episode 858 (Duration 7:18)
Illinois Supreme Court says public property in the aggravated battery statute means the property must be owned by the government.
[Read more…]By Samuel Partida, Jr.
People v. Allen, 2020 IL App (2d) 180473 (November). Episode 833 (Duration 7:19)
A purely sexual relationship is likely also a dating relationship.
[Read more…]By Samuel Partida, Jr.
People v. Isbell, 2020 IL App (3d) 180279 (September). Episode 817 (Duration 4:01)
Moffett says insulting and provoking contact is expected from bodily harm, but bodily harm is not necessarily expected from insulting or provoking contact.
[Read more…]By Samuel Partida, Jr.
People v. Wilkinson, 2018 IL App (3d) 160173 (June). Episode 504 (Duration 15:06)
Defendant beats back a racist aggressor; now he’s doing 3 years.
[Read more…]