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.
Read moreStatutory Summary Suspension Gamensship or Just Good Lawyering?
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?
Read moreCourt Is Taking The Discovery Rules Seriously In Summary Suspension Hearings
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.
[Read more…]Discovery In Criminal Law Cases This Is How It Works
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.
[Read more…]If No Recording Was Ever Made There Was No Discovery Violation
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.
Read moreChicago Police Body Cam Requirement
In Chicago all police officers are required to wear a police body cam.
[Read more…]Chicago Police Body Cam Discovery With Peter Lewis: What To Do When You Don’t Get It
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.
[Read more…]Thank You Appellate Lawyers: Why We Should Never Give 5.01 In A Criminal Case
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
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:
[Read more…]What To Do, What To Do About Lost, Destroyed, or Missing Video?
People v. Montgomery, 2018 IL App (2d) 160541 (October). Episode 555 (Duration 14:02)
It’s unclear if the video ever existed, regardless, it was not tendered to defense counsel, and it’s unclear what’s the best remedy. [Read more…]
Freedom Of The Press Can’t Be Used As An Excuse To Access Sensitive Information Filed In A Criminal Case
People v. Zimmerman, 2018 IL 122261 (October). Episode 553 (Duration 10:21)
You Can hide lascivious pretrial motions from the press.
[Read more…]
Significance Of The Evidence And Bad Faith Drive Discovery Violation And Destruction Of Evidence Issues
People v. Cunningham, 2018 IL App (1st) 153367 (June). Episode 517 (Duration 12:37)
Dismissal of the charges was not warranted when police destroyed some of the evidence. [Read more…]