Kane County Nuggets

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

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Third District Sees A Speedy Trial Violation Where There Probably Isn’t One

February 28, 2024 By Samuel Partida, Jr.

People v. McKinstry, 2022 IL App (3d) 180598 (April). Episode 941 (Duration 7:49)

Third District compelled to find that due to the court’s erroneous ruling allowing the State to continue, a period of 33 days—should not be attributed to the defense.

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Filed Under: DNA, Speedy Trial

Destroying Rape Evidence After A Conviction Does Not Mean Automatic Reversal

February 26, 2024 By Samuel Partida, Jr.

People v. Grant, 2022 IL 126824 (April). Episode 939 (Duration 7:05)

The plain language of section 116-4 establishes that the legislature did not intend to prescribe a vacatur of defendant’s conviction.

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Filed Under: DNA, Postconviction Petition Tagged With: Illinois Supreme Court

Can Refusing To Provide A Blood or Buccal Swab Support Obstructing Charge?

May 30, 2023 By Samuel Partida, Jr.

People v. Hutt, 2022 IL App (4th) 190142 (January). Episode 873 (Duration 8:48)

Defendant was confronted with a warrant for his blood and he refused to provide the sample.

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Filed Under: Contempt Of Court, DNA, DUI, Obstructing Justice

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.

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Filed Under: DNA, Evidence, Postconviction Petition

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

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.

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Filed Under: DNA

DNA Speedy Trial Extension: Illinois Evidence Best Practice

June 26, 2017 By Samuel Partida, Jr.

People v. Pettis, 2017 IL App (4th) 151006 (May). Episode 354 (Duration 6:18)

No speedy trial violation because the state properly relied on the DNA extension.

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Filed Under: DNA

Can Defendant’s Refusal To Provide a DNA Sample Be Argued As Consciousness of Guilt?

January 19, 2016 By Samuel Partida, Jr.

People v. Ealy, 2015 IL App (2d) 131106 (December 2015). Episode 129 (Duration 5:18)

Harmless error to allow the State to argue consciousness of guilt when defendant refused voluntary DNA testing.

[Read more…]

Filed Under: Blood, DNA

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