People v. Shannon, 2022 IL App (3d) 210121 (October). Episode 969 (Duration 6:36)
Defendant cannot, by his own act, avoid the jeopardy on which he stands and then assert it as a bar to subsequent jeopardy.
[Read more…]The Traffic Citation Exception To The Compulsory Joinder Williams Rule Applies In The Third District Different Than In The Second District
People v. Rogers, 2021 IL 126163 (October). Episode 932 (Duration 7:35)
Pursuant to the rule announced in Kazenko, the additional delay was not attributable to the State, and the compulsory-joinder rule did not apply.
[Read more…]No Double Jeopardy Problem Before A Final Judgment Enters
People v. Kotlarchik, 2022 IL App (2d) 200358 (February). Episode 931 (Duration 5:43)
The trial court granted a new trial based on lack of a jury waiver being signed, thus there was no final judgement entered at the trial level.
[Read more…]State Double Jeopardy Statute May Prevent Some Charges When The Feds Also Charge
People v. Jimenez, 2020 IL App (1st) 182164 (December). Episode 844 (Duration 4:33)
Illinois state statute says we can’t charge defendant in state court if the feds have charged him in federal court.
[Read more…]When Does Double Jeopardy Attach During A Plea Hearing?
People v. Gaines, 2020 IL 125165 (September). Episode 818 (Duration 10:35)
The trial judge at first accepted this guilty plea and then abruptly rejected it, if the rejection was proper then there is no double jeopardy problem.
[Read more…]Why A Hung Jury Generally Avoids Double Jeopardy Problems
People v. Kimble, 2019 IL 122830 (April). Episode 622 (Duration 9:42)
Judge declared a mistrial kind of early, still double jeopardy was not implicated.
[Read more…]Double Jeopardy Trap Snaps And Ensnares This Judge
People v. Shoevlin, 2019 IL App (3d) 170258 (January). Episode 583 (Duration 11:04)
Serious double jeopardy concerns are raised when the judge declares a mistrial in this domestic battery case.
[Read more…]Plea Hearing Ends Abruptly By The Judge Creating Double Jeopardy Problems For The State
People v. Gaines, 2019 IL App (3d) 160494 (July). Episode 663 (Duration 18:40)
Judge abruptly refuses to continue with the plea hearing creating a double jeopardy conundrum for the prosecution. [Read more…]
Defendant Was Allowed To Withdraw His Guilty Plea – No Double Jeopardy Problem Ensued
People v. O’Brien, 2019 IL App (2d) 170030 (July). Episode 662 (Duration 10:42)
No double jeopardy concerns where the defendant was allowed to withdraw his guilty plea after improper admonishments. [Read more…]
In The Double Jeopardy Analysis The Court Should Consider All Inadmissible Evidence
People v. Drake, 2019 IL 123734 (March). Episode 620 (Duration 11:14)
Although the reversal is still good the lower court judgement that double jeopardy barred a retrial is reversed.
[Read more…]