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…]By Samuel Partida, Jr.
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…]By Samuel Partida, Jr.
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…]By Samuel Partida, Jr.
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…]By Samuel Partida, Jr.
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…]By Samuel Partida, Jr.
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…]By Samuel Partida, Jr.
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…]By Samuel Partida, Jr.
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…]By Samuel Partida, Jr.
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…]
By Samuel Partida, Jr.
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…]
By Samuel Partida, Jr.
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…]