People v. Moffett, 2019 IL App (2d) 180964 (December). Episode 729 (Duration 9:50) New prior consistent statement rule makes it clear that admissible hearsay is coming in even if it is consistent with other testimony.
Trial Counsel Was Ineffective For Not Making The Right Argument To Admit Defendant’s State Of Mind Evidence
People v. Hamilton, 2019 IL App (1st) 170019 (December). Episode 721 (Duration 11:22) Defense counsel should have made this argument in order to admit the fact the defendant thought the victim had a gun.
Proving Up Gang Member Status In The Illinois Crime Of Unlawful Possession of a Firearm by a Street Gang Member
People v. Murray, 2019 IL 123289 (October). Episode 702 (Duration 11:39)
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.
Legal Significance of Burping And Regurgitation Before A Breath Test
City of McHenry v. Kleven, 2019 IL App (2d) 180758 (August). Episode 671 (Duration 18:27) Officer is gone for about 3 minutes of the 20 minute observation period. Gist Defendant wins his motion to exclude the breathalyzer results in this DUI case because the officer did not faithfully honor the 20 minute observation rule. The […]
The State Doesn’t Actually Have To Prove What Drugs or Combination of Drugs A Driver Might Be On
People v. Lenz, 2019 IL App (2d) 180124 (July). Episode 670 (Duration 13:10) Urine test came back positive for cannabis, but the DRE expert was sure the intoxication was not caused by THC.
Comingling In A Drug Case Is A Bad Idea
People v. Holliday, 2019 IL App (3d) 160315 (June). Episode 656 (Duration 9:52) Defendant wins a lesser civil charge because of the comingling of the cannabis.
Use Of A Gang Expert To Prove Up Membership In A Gang Might Be Required
People v. Beck, 2019 IL App (1st) 161626 (June). Episode 655 (Duration 11:06) State needs an expert to establish the P Stones are a street gang.
Circumstantial Evidence Like Admitting Use Of Heroin Can Preclude Requirement Of A Drug Recognition Expert
People v. Castino, 2019 IL App (2d) 170298 (June). Episode 651 (Duration 16:06) Conviction affirmed even though there was no drug expert evidence.
State Doesn’t Even Try To Admit The Gun And They Lose The Charge
People v. McLurin, 2018 IL App (1st) 170258 (December). Episode 634 (Duration 8:17) State does not admit the gun, acquittal follows thereafter (weird facts though).