Some Detectives Believe Their Field Notes Are Personal In Nature And Immune From Discovery

July 7, 2020 By Samuel Partida, Jr.

People v. Sandridge, 2020 IL App (1st) 173158 (June). Episode 795 (Duration 8:09)

Detective destroyed his handwritten witness notes after he received the subpoena, new trial now ordered.

Statutory Summary Suspension Gamensship or Just Good Lawyering?

June 8, 2020 By Samuel Partida, Jr.

People v. Stoffle, 2020 IL App (2d) 190431 (June). Episode 782 (Duration 18:47)

Does a state’s objection to defendant’s discovery request toll Trainor?

Court Is Taking The Discovery Rules Seriously In Summary Suspension Hearings

April 20, 2020 By Samuel Partida, Jr.

People v. Patel, 2019 IL App (2d) 170766 (March). Episode 603 (Duration 19:01)

State failed to produce discover for the SSS Hearing, they subsequently blew Trainor.

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Discovery In Criminal Law Cases This Is How It Works

April 8, 2020 By Samuel Partida, Jr.

There is a scene from “My Cousin Vinny” that perfectly describes how discovery in criminal law works.

Attorney Frank Gambini (Joe Pesci) walks into the room he’s sharing with Mona Lisa Vito (Marisa Tomei) gleaming with pride because he just “finessed” a box of records from the prosecution.

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If No Recording Was Ever Made There Was No Discovery Violation

March 9, 2020 By Samuel Partida, Jr.

People v. Althoff, 2020 IL App (2d) 180993 (January). Episode 746 (Duration 6:52)

No discovery violation where it was quite clear that the video was never recorded.

Chicago Police Body Cam Requirement

January 8, 2020 By Samuel Partida, Jr.

In Chicago all police officers are required to wear a police body cam.

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Chicago Police Body Cam Discovery With Peter Lewis: What To Do When You Don’t Get It

January 8, 2020 By Samuel Partida, Jr.

Episode 724 (Duration 33:57). Chicago defense attorney Peter Lewis explains what a litigant can do when their criminal discovery is missing the police body cam video.

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Thank You Appellate Lawyers: Why We Should Never Give 5.01 In A Criminal Case

September 18, 2019 By Samuel Partida, Jr.

People v. Blackwood, 2019 IL App (3d) 160161 (August). Episode 679 (Duration 11:23)

What should we do when police don’t conduct the field sobriety tests in front of the camera. [Read more…]

Illinois FOIA Exceptions To Know About

February 27, 2019 By Samuel Partida, Jr.

Illinois FOIA Request Made By Newspapers And The Press Is Denied

Illinois FOIA | 5 ILCS 140/1

FOIA expressly declares that civilians are entitled to full and complete information from the government. The underlying public policy and legislative intent is captured with the following:

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