Kane County Nuggets

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

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Sex Offender At A Park Remains Unlawful Notwithstanding The Reason For Being There

June 30, 2020 By Samuel Partida, Jr.

People v. Legoo, 2020 IL 124965 (June). Episode 792 (Duration 9:56)

Conflicting statutes on sex offenders in a park aren’t really conflicting.

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Filed Under: Constitutional, Sex Case

The Illinois Stalking Statute Is Mainly Constitutional

February 12, 2020 By Samuel Partida, Jr.

The Illinois stalking statute says the following:

“A person commits stalking when he or she knowingly engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to: (1) fear for his or her safety or the safety of a third person; or (2) suffer other emotional distress.”

720 ILCS 5/12-7.3(a)(1), (a)(2).

[Read more…]

Filed Under: Constitutional

Illinois Stalking Statute Criminalizes True Threats

February 12, 2020 By Samuel Partida, Jr.

People v. Ashley, 2020 IL 123989 (January). Episode 736 (Duration 11:41)

Illinois Supreme Court true threats remain unlawful under the stalking statutes.

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Filed Under: Constitutional

Some Forced Warrantless Blood Draws Remain Legal But Not This One

December 17, 2019 By Samuel Partida, Jr.

People v. Eubanks, 2019 IL 123525 (December). Episode 714 (Duration 23:37)

626 ILCS 11-501.2(c)(2) is constitutional and blood may be drawn if there is a death or serious injury, but not in this case.

[Read more…]

Filed Under: Blood, Constitutional

Watch Those Sex Offender Probation Terms They May Be Too Broad

December 16, 2019 By Samuel Partida, Jr.

People v. Morger, 2019 IL 123643 (November). Episode 713 (Duration 8:04)

Some outright ban of social media for sex offenders may be unconstitutional.

[Read more…]

Filed Under: Constitutional, Probation, Sex Case

The Crime Of Revenge Porn Remains Constitutional In Illinois

November 6, 2019 By Samuel Partida, Jr.

People v. Austin, 2019 IL 123910 (October). Episode 697 (Duration 11:52)

Revenge porn statute is constitutional. [Read more…]

Filed Under: Constitutional, Sex Case

Another Stalking Subsection Is Stricken Down As Unconstitutional

July 23, 2019 By Samuel Partida, Jr.

People v. Morocho, 2019 IL App (1st) 153232 (June). Episode 654 (Duration 10:19)

Another subsection of the Stalking Statute is facially overbroad and unconstitutional. [Read more…]

Filed Under: Constitutional

Is It Constitutional To Ban Guns From Public Housing?

April 4, 2019 By Samuel Partida, Jr.

People v. Cunningham, 2019 IL App (1st) 160709 (March). Episode 611 (Duration 9:18)

Defendant gets 3 years for shooting himself in the leg in a housing project; this UUW version is constitutional.

[Read more…]

Filed Under: Constitutional, Podcast, UUW

UUW Provision Banning Stun Guns Is Shot Down As Unconstitutional

April 3, 2019 By Samuel Partida, Jr.

People v. Webb, 2019 IL 122951 (March). Episode 610 (Duration 6:17)

Another version of UUW is held unconstitutional; this time it’s the one banning tasers.

[Read more…]

Filed Under: Constitutional, UUW

On Second Thought The State Should Help Root Out And Vacate Bad Gun Convictions

August 20, 2018 By Samuel Partida, Jr.

In re N.G., 2018 IL 121939 (August). Episode 524 (Duration 22:24)

McFadden is overruled.

[Read more…]

Filed Under: Constitutional, UUW

Gun Laws Banning Firearms In Protected Places Are 100% Constitutional

July 17, 2018 By Samuel Partida, Jr.

People v. Bell, 2018 IL App (1st) 153373 (June). Episode 513 (Duration 7:40)

This UUW provision in a park is found constitutional. [Read more…]

Filed Under: Constitutional, UUW

Gun Laws Banning Firearms 1,000 Feet From Protected Places Are Unconstitutional

July 16, 2018 By Samuel Partida, Jr.

People v. Green, 2018 IL App (1st) 143874 (June). Episode 512 (Duration 6:09)

Another gun provision is declared unconstitutuional (this version was in effect before conceal and carry changes). [Read more…]

Filed Under: Constitutional

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