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).
Do You Need A Gun To Prove The Existence Of A Gun?
People v. Clifton, 2019 IL App (1st) 151967 (April). Episode 633 (Duration 7:31) Lay witness testified about the details of the gun that he saw.
When A Perpetrator Description Can Be So Detailed And So Good It Damages The States Case (Photos Enclosed)
People v. Clifton, 2019 IL App (1st) 151967 (April). Episode 632 (Duration 8:20) Unduly suggestive ID, you make the call photos provided here. ** This opinion has photos.
Double Jeopardy Concern Means There WILL BE A Second Trial In This Case
People v. Drake, 2019 IL 123734 (March). Episode 620 (Duration 9:39) Although the reversal is still good the lower court judgement that double jeopardy barred a retrial is reversed.