People v. Acklin, 2020 IL App (4th) 180588 (October). Episode 829 (Duration 7:08)
Defendant had permission to enter the residence but did not have authority to remain within it.
[Read more…]ILCS Burglary And Residential Burglary Statute
ILCS Burglary § 19-1
The Illinois Burglary Statute.
The Illinois burglary statute is broader than the residential burglary statute. The more general form of the burglary provides the following:
Section 19-1(a) of the Illinois Criminal Code provides, in part, that…
[Read more…]3rd District Misread The High Court And Now Put Back In It’s Place
People v. Johnson, 2019 IL 123318 (August). Episode 661 (Duration 8:16)
Supreme Court smacks down 3rd district appellate panel trying to get rid of all burglaries to retail theft establishments. [Read more…]
Districts Split On The Burglary / Retail Theft Question
People v. Holt, 2019 IL App (3d) 160504 (March). Episode 607 (Duration 7:12)
The split deepens between the Second, Fourth and Third Districts on these burglary/retail theft convictions.
[Read more…]Second & Fourth Districts Come Out Against The Third District On The Burglary Of Retail Store Question
People v. Moore, 2018 IL App (2d) 160277 (June). Episode 505 (Duration 4:40)
Second District goes with the Fourth District on burglary or retail store cases. [Read more…]
Burglary Of Retail Store Is Allowed In Some Illinois Appellate Districts
People v. Burlington, 2018 IL App (4th) 150642 (March). Episode 472 (Duration 7:42)
Fourth district goes the other way on retail theft burglaries. [Read more…]
Retail Theft Statute Countermands This Class Of Burglaries
People v. Johnson, 2018 IL App (3d) 150352 (January). Episode 456 (Duration 11:30)
Stealing from a Walmart was not a burglary. [Read more…]
A Constitutional Claim To Minimize The Sentence For A Nonviolent Repeat Offender
People v. Allen, 2017 IL App (1st) 151540 (December). Episode 430 (Duration 9:24)
10 and a half years for burglary to a car are reduced to six years because the second division in the first district says so. [Read more…]
One Kind Of Retail Theft In Illinois Cannot Be A Burglary
People v. Bradford, 2016 IL 118674 (March). Episode 155 (Duration 7:52)
Ordinary retail theft in Illinois is not a burglary. Click here to learn more about Illinois burglaries. [Read more…]
Burglary Definition Means Entering To SELL Something?
See People v. Murphy, 2015 IL App (4th) 130265. Episode 064 (Duration 18:56)
Was the burglary definition rewritten by this court decision? A Creative charging decision by the prosecution brings to focus exactly what it means to commit a burglary. [Read more…]