Kane County Nuggets

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

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Miranda Warnings To A Minor With Severe Learning Disabilities Is No Good

April 13, 2020 By Samuel Partida, Jr.

People v. Wilson, 2020 IL App (1st) 162430 (March). Episode 761 (Duration 14:17)

Minor had severe learning disabilities and probably didn’t understand his Miranda warnings.

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Filed Under: Juvenile Justice, Miranda

Subtle Compulsion Is Not Interrogation And Miranda Is Not Required

December 18, 2019 By Samuel Partida, Jr.

People v. Ross, 2019 IL App (1st) 162341 (October). Episode 715 (Duration 8:58)

Officer tells defendant, “I know why you’re running.”

[Read more…]

Filed Under: Miranda

Additional Contemplation On Confession Cases, Binders, And This Thing Of Ours

October 1, 2019 By Samuel Partida, Jr.

People v. Firestine, 2019 IL App (5th) 180264 (July). Episode 684(Duration 12:22)

I was thinking more about how best to use that confession case. [Read more…]

Filed Under: Miranda

Defendant Says He Doesn’t What To Answer “That” Question: Police Don’t Know What Question He’s Talking About

September 25, 2019 By Samuel Partida, Jr.

People v. Firestine, 2019 IL App (5th) 180264 (July). Episode 682 (Duration 8:51)

Defendant said he didn’t want to answer that question without an attorney. [Read more…]

Filed Under: Miranda

Roadside Custodial Interrogation Required Miranda Warnings

December 17, 2018 By Samuel Partida, Jr.

People v. Garza, 2018 IL App (3d) 170525 (December). Episode 570 (Duration 7:03)

In a close one the reviewing court agrees to suppress these statements made on the roadside after a traffic stop. [Read more…]

Filed Under: Miranda

What Defendants Need To Know About The Presentence Investigation (PSI)

January 16, 2018 By Samuel Partida, Jr.

People v. Woods, 2018 IL App (1st) 153323 (December). Episode 581 (Duration 8:55)

Defendant was ordered to cooperate with the PSI and the judge turned around and used what he said against him. [Read more…]

Filed Under: Miranda, Sentencing

In Illinois Post Arrest Silence Even Before Miranda Generally May Not Be Commented On

January 15, 2018 By Samuel Partida, Jr.

People v. Boston, 2018 IL App (1st) 140369 (December). Episode 580 (Duration 9:54)

Long complicated murder case, here is some information on commenting on pre-arrest silence. [Read more…]

Filed Under: Miranda

24 Hours Constituted Sufficient Attenuation To Allow a Tainted Confession Into Evidence

February 6, 2017 By Samuel Partida, Jr.

People v. Soto, 2017 IL App (1st) 140893 (January). Episode 291 (Duration 11:45)

Third confession 24 hours after first Mirandaless confession was cured of the taint of the constitutional violation. [Read more…]

Filed Under: Attenuation, Miranda

Premature Arrest Leads To Suppression of Murder Confession: Defendant Held For 37 Hours With No Significant Attenuation

April 19, 2016 By Samuel Partida, Jr.

People v. Gempel, 2016 IL App (3d) 140833 (January). Episode 161 (Duration 5:55)

This murder confession is suppressed in large part because of the premature arrest and the police’s fragrant disregard of the Defendant’s Miranda rights. [Read more…]

Filed Under: Attenuation, Miranda

Question Intended To Illicit An Incriminating Statement Are Almost Always An Interrogation

April 13, 2016 By Samuel Partida, Jr.

People v. Tayborn, 2016 IL App (3d) 130594 (March). Episode 159 (Duration 4:42)

Trial counsel was ineffective for not challenging defendant’s confession given without Miranda warnings. [Read more…]

Filed Under: Miranda

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