People v. Hardimon, 2017 IL App (3d) 120772 (May). Episode 378 (Duration 9:56)
Jury should not have seen that portion of the recorded interrogation where the police go at the defendant more aggressively.
[Read more…]By Samuel Partida, Jr.
People v. Hardimon, 2017 IL App (3d) 120772 (May). Episode 378 (Duration 9:56)
Jury should not have seen that portion of the recorded interrogation where the police go at the defendant more aggressively.
[Read more…]By Samuel Partida, Jr.
People v. Hernandez, 2017 IL App (1st) 150575 (March). Episode 332 (Duration 11:51)
Confession is out; giving the defendant a fake gun residue test did not sufficiently attenuate the bad arrest. [Read more…]
By Samuel Partida, Jr.
People v. Mandoline, 2017 IL App (2d) 150511 (February). Episode 316 (Duration 12:31)
How to test if a confession is voluntary?
[Read more…]By Samuel Partida, Jr.
People v. Edwards, 2017 IL App (3d) 130190-B (January). Episode 300 (Duration 5:42)
This 17 year old’s confession was voluntary even though he had a fifth grade reading level, suffered from various mental disorders, and that the investigating officers did not allow him to speak to his mother.
[Read more…]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…]By Samuel Partida, Jr.
People v. Smith, 2016 IL 119659 (December). Episode 288 (Duration 8:06)
Defendant is eligible for mandatory x sentencing because he turned 21 by the time the court found him guilty even though he was under 21 at the time he was charged.
[Read more…]By Samuel Partida, Jr.
People v. Hauad, 2016 IL App (1st) 150583 (December). Episode 284 (Duration 5:44)
The Torture Commission Report constitutes only a reassessment of evidence available to defendant before he filed his prior postconviction petitions, and thus it does not qualify as new evidence.
[Read more…]By Samuel Partida, Jr.
People v. Gutierrez, 2016 IL App (3d) 130619 (December). Episode 274 (Duration 12:33)
Appellate court disagrees with trial court; defendant was arrested before he was transported to Kendall County thus the case is remanded for an attenuation hearing to see if the confession is out.
[Read more…]By Samuel Partida, Jr.
People v. Gutierrez, 2016 IL App (3d) 130619 (December). Episode 273 (Duration 9:35)
Appellate court disagrees with trial court; defendant was arrested before he was transported to Kendall County thus the case is remanded for an attenuation hearing to see if the confession is out.
[Read more…]By Samuel Partida, Jr.
People v. Burgund, 2016 IL App (5th) 130119 (November). Episode 265 (Duration 22:49)
Predatory convictions and life sentence reversed because defendant was not allowed to use an expert witness on false confessions.
[Read more…]