People v. Shinaul, 2017 IL 120162 (February). Episode 311 (Duration 4:52)
State is not allowed to reinstate charges after Defendant vacates an invalidated Aguilar AUUW conviction.
[Read more…]Successful Constitutional Challenge To SORA And Its Progeny Finds It To Be Punishment
People v. Tetter, 2018 IL App (3d) 150243 (January). Episode 463 (Duration 8:43)
SORA declared unconstiututional as applied to this defendant.
Third District Declares The Crime Of Being a Sexual Offender In A Park Unconstitutional
People v. Pepitone, 2017 IL App (3d) 140627 (February). Episode 298 (Duration 4:34)
Third District finds the charge of being a child sex offender in park to be facially unconstitutional.
[Read more…]Paltry Crime For Paltry Sum Leads To Un-Paltry Sentence: 12 Years For $44 In Quarters Doesn’t Seem Constitutiional
People v. Busse, 2016 IL App (1st) 142941 (December). Episode 280 (Duration 8:27)
A paltry crime for a paltry sum does not warrant the paltry sentence of 12 years.
[Read more…]Illinois Stalking and Cyberstalking Declared Unconstitutional
People v. Relerford, 2016 IL App (1st) 132531 (June). Episode 197 (Duration 7:46)
Trial court declares stalking and cyberstalking unconstitutional; we’ll see what the Illinois Supreme Court says.
[Read more…]If You Haven’t Dated For Over 15 Years Are You Still A “Household Member”?
People v. Gray, 2016 IL App (1st) 134012 (May). Episode 190 (Duration 6:58)
The definition of “household member” was unconstitutionally applied to this defendant (dating relationship had ended 15 years earlier) this in turn allowed the State to improperly get into other crimes evidence.
[Read more…]Can an Invalidated Aguilar Conviction be Used in Aggravation in a Sentencing?
People v. Billups, 2016 IL App (1st) 134006 (May). Episode 188 (Duration 4:52)
Trial counsel was ineffective for trial court’s consideration of two convictions later ruled unconstitutional.
[Read more…]Old Aguilar Gun Convictions Can’t Be Used As Predicates For More Serious Crimes
People v. McFadden, 2016 IL 117424 (June). Episode 187 (Duration 5:17)
Defendant questioned the validity of his UUW Felon conviction because it was predicated on a AUUW invalidated under Aguilar.
[Read more…]It Is Constitutional To Not Allow Court Supervision For Speeding 40 MPH Over the Limit?
People v. Rizzo, 2016 IL 118599 (June). Episode 183 (Duration 8:23)
Is it unconstitutional to prohibit court supervision for a strict liability traffic offense?
[Read more…]Gun Add On Is Unconstitutional When Applied Against Youthful Offenders
See People v. Gibson, 2015 IL App (1st) 122451 (May). Episode 076 (Duration 11:07)
Was this 3 judge appellate panel courageous or were they activist judges when they declared the 20 year gun add-on unconstitutional? [Read more…]