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, 2015 IL App (5th) 130096 (August). 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.
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.
When Well Motivated Good Intentioned People Do The WRONG Thing
One of my biggest fears as a criminal law attorney is knowing my representation failed to prevent a wrongful conviction. Episode 296 (Duration 16:21)
Insanity Defense Can’t Depend On The Outcome Of The Fitness Report
People v. Burnett, 2016 IL App (1st) 141033 (December). Episode 286 (Duration 7:59) Trial judge denies an insanity defense to a defendant with recognized schizophrenia, psychotic disorder, suffering from hallucinations, “disorganized thinking,” drug addiction, and an IQ of 72, placing him within a “borderline range of cognitive functioning.”