People v. Markham, 2019 IL App (3d) 180071 (April). Episode 626 (Duration 7:32) State says overdose immunity should not kick in since defendant was feeling good enough to ask for his wallet and keys.
Self Defense & Necessity Defense Can Be Raised Against A UUW Charge
People v. Crowder, 2018 IL App (1st) 161226 (November). Episode 564 (Duration 9:49) Convict grabs his dad’s gun when 3 big dudes start punching them.
A Racist, A Black Guy, And A Hammer…And A Test For Criminal Justice
People v. Wilkinson, 2018 IL App (3d) 160173 (June). Episode 504 (Duration 15:06) Defendant beats back a racist aggressor; now he’s doing 3 years.
Little Reminder Why Gun Bans Aren’t So Easy
People v. Chairez, 2018 IL 121417 (February). Episode 457 (Duration 10:04) Another UUW provision is struck down.
Defendant’s Perfect Driving Was Not The Proximate Cause Of The Accident
People v. Mumaugh, 2018 IL App (3d) 140961 (January). Episode 453 (Duration 16:35) Defendant was driving under the speed limit when he hit a girl wearing all black in the middle of night when she was standing in the middle of the roadway.
Fundamental Fairness And The Necessity Defense Save Defendant 3 Years
People v. Gullens, 2017 IL App (3d) 160668 (October). Episode 429 (Duration 11:50) Fundamental fairness demands that this defendant be allowed to finish his conditional discharge rather than go to prison for possessing a gun for only 10 minutes.
Failure To Instruct On An Essential Element Not A Structural Error
People v. Thompson, 2017 IL App (5th) 120079-B (May). Episode 368 (Duration 6:27) Failure to instruct the jury on an essential element of the case does not necessarily constitute plain error.
Proximate Cause Defense In Aggravated DUI Remains Intact After Law Change
People v. Way, 2017 IL 120023 (April). Episode 349 (Duration 7:44) Proximate cause defense in aggravated DUI cases remains alive and well after the cannabis reform law.
Episode 097: Proximate Cause Defense Aggravated DUI Case
People v. Way, 2017 IL 120023 (April). Episode 097 (Duration 11:32) This was the appellate court decision that reversed the aggravated DUI conviction.
A Little Bonus Nugget About Felony Murder & Foreseeability
People v. Mandoline, 2017 IL App (2d) 150511 (February). Episode 318 (Duration 6:01) Sometimes you can get a felony murder proximate cause defense instruction.