Kane County Nuggets

Internal education and training for the Kane County State's Attorney's Office.

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IPI 3.17 Should Be Given Anytime A Person Who Participated In The Crime Testifies Regardless Of Who Calls Him

December 28, 2022 By Samuel Partida, Jr.

People v. Fane, 2021 IL 126715 (December). Episode 848 (Duration 8:02)

Illinois Supreme Court rejects the idea that it is inappropriate to give the accomplice witness instruction or any version of it when the witness exonerates the accused.

[Read more…]

Filed Under: Accomplice Testimony, Jury Instructions

Certified Business Record Exception Includes Medical Records

December 21, 2022 By Samuel Partida, Jr.

People v. Deroo, 2022 IL 126120 (March). Episode 847 (Duration 11:14)

Illinois Supreme Court amends the business record exception so that it includes medical records and medical opinions.

[Read more…]

Filed Under: Hearsay Tagged With: Business Records

In A Rape Case We Must Persevere The Evidence After A Conviction

December 8, 2022 By Samuel Partida, Jr.

People v. Grant, 2020 IL App (3d) 160758 (December). Episode 845 (Duration 7:28)

Even though there were so many reasons not too, this rape conviction is still reversed and remanded for a new trial.

[Read more…]

Filed Under: DNA, Evidence, Postconviction Petition

Facebook Self Authenticating Business Record

October 21, 2022 By Samuel Partida, Jr.

People v. Curry, 2020 IL App (2d) 180148 (September). Episode 827 (Duration 5:11)

I guess you can get Facebook to authenticate their records.

[Read more…]

Filed Under: Hearsay Tagged With: Facebook

Is This A Typical DNA Speedy Trial Continuance?

October 21, 2022 By Samuel Partida, Jr.

People v. Curry, 2020 IL App (2d) 180148 (September). Episode 826 (Duration 4:34)

Gist

This was a sexual assault case with DNA evidence.

[Read more…]

Filed Under: DNA, Speedy Trial

Modified Accomplice Witiness Jury Instruction When To Use It And When Not To Use It

October 5, 2022 By Samuel Partida, Jr.

People v. Fane, 2020 IL App (2d) 180151 (September). Episode 825 (Duration 10:42)

Error to give this modified IPI 3.17 in this case where the one known accused testified for the defense.

[Read more…]

Filed Under: Accomplice Testimony, Jury Instructions

Shot In The Butt First Excited Utterance Second

October 4, 2022 By Samuel Partida, Jr.

People v. Mayberry, 2020 IL App (1st) 181806 (September). Episode 823 (Duration 8:30).

Victim gets shot in the butt then makes an excited utterance that is not considered testimonial in nature.

[Read more…]

Filed Under: Hearsay Tagged With: Excited Utterance

Domestic Battery Hearsay Takes A Backseat To Crawford

October 3, 2022 By Samuel Partida, Jr.

People v. Busch, 2020 IL App (2d) 180229 (September). Episode 822 (Duration 7:22)

725 ILCS 5/115-10.2a is technically a valid and constitutional statute but the Crawford analysis typically controls the admissibility of hearsay statements.

[Read more…]

Filed Under: Hearsay Tagged With: Crawford, Domestic Violence

All The Evidence Is Thrown Out After An Illegal Overhear

August 9, 2022 By Samuel Partida, Jr.

People v. Harris, 2020 IL App (3d) 190504 (August). Episode 808 (Duration 7:01)

State concedes error in their use of a secret audio recorder, the court suppressed everything including any testimony concerning the transactions.

[Read more…]

Filed Under: Over Hear

No DNA Testing Was Reversible Error When Defense Counsel Did Not Submit The Gun Swabs For Testing

October 18, 2020 By Samuel Partida, Jr.

People v. Johnson, 2020 IL App (3d) 160675 (July). Episode 803 (Duration 7:13)

It was ineffective of assistance of counsel and reversal of conviction when defense counsel failed to request DNA testing of a gun.

[Read more…]

Filed Under: DNA

Indicia Of Residency (Mail In A House Addressed To Defendant) Is Not Hearsay

July 15, 2020 By Samuel Partida, Jr.

People v. Neal, 2020 IL App (4th) 170869 (June). Episode 799 (Duration 12:53)

Letters and mail used as indicia of residency is not hearsay.

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Filed Under: Hearsay

Surveillance Video Opinion Testimony Proper Procedure

July 14, 2020 By Samuel Partida, Jr.

People v. Stitts, 2020 IL App (1st) 171723 (June). Episode 798 (Duration 8:05)

Officer gives lay opinion as to the identity of the shooter after watching a surveillance video of the shooting.

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Filed Under: Opinion

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