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State Double Jeopardy Statute May Prevent Some Charges When The Feds Also Charge

December 7, 2022 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…]

Filed Under: Double Jeopardy

When Does Double Jeopardy Attach During A Plea Hearing?

September 15, 2022 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…]

Filed Under: Double Jeopardy, Guilty Plea

Why A Hung Jury Generally Avoids Double Jeopardy Problems

May 13, 2020 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…]

Filed Under: Double Jeopardy

Double Jeopardy Trap Snaps And Ensnares This Judge

February 3, 2020 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…]

Filed Under: Double Jeopardy

Plea Hearing Ends Abruptly By The Judge Creating Double Jeopardy Problems For The State

August 13, 2019 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…]

Filed Under: Double Jeopardy, Guilty Plea Tagged With: Guilty Plea

Defendant Was Allowed To Withdraw His Guilty Plea – No Double Jeopardy Problem Ensued

August 12, 2019 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…]

Filed Under: Double Jeopardy, Guilty Plea

In The Double Jeopardy Analysis The Court Should Consider All Inadmissible Evidence

April 24, 2019 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…]

Filed Under: Double Jeopardy

Hung Jury Leads To Mistrial And Double Jeopardy Problems For The State

October 3, 2017 By Samuel Partida, Jr.

People v. Kimble, 2017 IL App (2d) 160087 (September). Episode 398 (Duration 26:29)

Judge declares a mistrial too early and now the state cannot recharge defendant. [Read more…]

Filed Under: Double Jeopardy

Possible Double Jeopardy Incident: Prosecutor Gets Sick In The Middle Of Trial

September 13, 2017 By Samuel Partida, Jr.

People v. Threatte, 2017 IL App (2d) 160161 (August). Episode 389 (Duration 13:20)

Prosecutor got sick in the middle of trial and mistrial was declared – does double jeopardy prevent a new trial? [Read more…]

Filed Under: Double Jeopardy

Double Jeopardy Definition | How It Really Works

April 5, 2017 By Samuel Partida, Jr.

What is double jeopardy law?

Double jeopardy law is one of the fundamental tenets of the American criminal justice system. It is also one of the most misunderstood concepts. See also understanding criminal law concepts.

[Read more…]

Filed Under: Double Jeopardy

Why Do Appellate Court Opinions Finish With A Statement That There Was Sufficient Evidence To Convict?

April 5, 2017 By Samuel Partida, Jr.

People v. Staple, 2016 IL App (4th) 160061 (December). Episode 317 (Duration 21:49)

This case does a great job of digging down into the very basics of double jeopardy. [Read more…]

Filed Under: Double Jeopardy, Podcast

Double Jeopardy: Pleading To DUI Misdemeanor Does Not Mean The Felony Will Just Go Away

January 10, 2017 By Samuel Partida, Jr.

People v. Staple, 2016 IL App (4th) 160061 (December). Episode 279 (Duration 8:36)

Defendant plead guilty to misdemeanor DUI, so the trial judge dismissed the felony DUI. [Read more…]

Filed Under: Double Jeopardy, DUI, Police

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