People v. Hutt, 2022 IL App (4th) 190142 (January). Episode 872 (Duration 8:48)
Defendant was confronted with a warrant for his blood and he refused to provide the sample.
[Read more…]Overhear Recording Authorized By State’s Attorney or By A Judge
People v. Nevilles, 2021 IL App (3d) 190645 (January). Episode 867 (Duration 5:58)
State authorized overhear does not require that probable cause be spelled out in the required paperwork.
[Read more…]Proper Finger Print Evidence Foundation Should Still Include This, Says The Illinois Supreme Court
People v. Cline, 2022 IL 126383 (January). Episode 862 (Duration 9:26)
A single finger can sustain a conviction for burglary under the right circumstances.
[Read more…]IPI 3.17 Should Be Given Anytime A Person Who Participated In The Crime Testifies Regardless Of Who Calls Him
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…]Certified Business Record Exception Includes Medical Records
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…]In A Rape Case We Must Persevere The Evidence After A Conviction
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…]Facebook Self Authenticating Business Record
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…]Is This A Typical DNA Speedy Trial Continuance?
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…]Modified Accomplice Witiness Jury Instruction When To Use It And When Not To Use It
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…]Shot In The Butt First Excited Utterance Second
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…]Domestic Battery Hearsay Takes A Backseat To Crawford
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…]All The Evidence Is Thrown Out After An Illegal Overhear
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.
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