Kane County Nuggets

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

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Did The Appellate Court Cross A Line With This Eyewitness Identification?

July 8, 2020 By Samuel Partida, Jr.

In re O.F., 2020 IL App (1st) 190662 (June). Episode 796 (Duration 9:09)

Court reverses this conviction even though the officer testified that he clearly saw the defendant driving the car.

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Filed Under: Eyewitness

When A Perpetrator Description Can Be So Detailed And So Good It Damages The Photo Lineup (Photos Enclosed)

June 10, 2020 By Samuel Partida, Jr.


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.

[Read more…]

Filed Under: Eyewitness, Police

Eyewitness Expert Not Allowed To Get Into Individual Witnesses Reliability

April 22, 2019 By Samuel Partida, Jr.

People v. Corral, 2019 IL App (1st) 171501 (March). Episode 618 (Duration 11:38)

Kid got his eyewitness expert witness on the stand, but the witness was not allowed to get into what she thought about the reliability of the witness.

[Read more…]

Filed Under: Expert, Eyewitness

Will You Be Ineffective If You Don’t Call An Eyewitness Expert Witness?

March 19, 2019 By Samuel Partida, Jr.

People v. Macklin, 2019 IL App (1st) 161165 (March). Episode 604 (Duration 9:02)

Was defense counsel ineffective for not calling an eyewitness expert witness?

[Read more…]

Filed Under: Expert, Eyewitness

Reversible Error For The State To Spring A Doctored Image Before The Jury

June 25, 2018 By Samuel Partida, Jr.

People v. Middleton, 2018 IL App (1st) 152040 (June). Episode 503 (Duration 17:07)

Here’s the photo… [Read more…]

Filed Under: Eyewitness, Prosecutorial Misconduct

Single Finger Eyewitness Identification Cases Remain Alive And Well

January 9, 2018 By Samuel Partida, Jr.

In re N.A., 2018 IL App (1st) 181332 (December). Episode 578 (Duration 7:08)

It it still appropriate to allow a conviction based on the word of one eyewitness? [Read more…]

Filed Under: Eyewitness

Defense Establishes That Police Fed This Eye Witness Information About The Suspect

September 19, 2017 By Samuel Partida, Jr.

In re Christian W., 2017 IL App (1st) 162897 (August) Episode 392 (Duration 22:36)

Unreliable eyewitness is established when defense establishes that the police fed information to the witness. [Read more…]

Filed Under: Eyewitness

Trial Court Distinguishes The Hell Out Of Lerma To Deny The Use Of Eyewitness Expert

February 13, 2017 By Samuel Partida, Jr.

People v. Anderson, 2017 IL App (1st) 122640 (January). Episode 293 (Duration  10:22)

Trial court distinguishes Lerma to deny the use of an eyewitness expert in this case. [Read more…]

Filed Under: Expert, Eyewitness

Professor Karen Daniel Shares Her Insight And Experience On Eyewitness Identification Litigation

October 25, 2016 By Samuel Partida, Jr.


Clinical Professor of Law Karen L. Daniel and Director of the Northwestern Center on Wrongful Convictions recently sat down with the Criminal Nuggets podcast.  [Read more…]

Filed Under: Evidence, Expert, Eyewitness, Podcast

Meet A Real Life Eyewitness Identification Expert: Professor Shari Berkowitz

October 19, 2016 By Samuel Partida, Jr.


Assistant Professor Shari Berkowitz from California State University Dominguez Hills sits down with the Criminal Nuggets to talk about problems with eyewitness memories in a criminal case. [Read more…]

Filed Under: Evidence, Expert, Eyewitness, Podcast

Eyewitness Expert Testimony Validated by Illinois Supreme Court

January 26, 2016 By Samuel Partida, Jr.

People v. Lerma, 2016 IL 118496 (January 2016). Episode 132 (Duration 5:16)

Illinois Supreme Court acknowledges that the legal landscape for eyewitness expert testimony has dramatically shifted from novel and uncertain to settled and widely accepted. [Read more…]

Filed Under: Eyewitness

How To Admit Eyewitness Identification Expert Testimony

November 14, 2014 By Samuel Partida, Jr.

There is so much research on eyewitness identification expert witness admissibility testimony out there. We have all received the message: “Eyewitness identification testimony is unreliable.” Ok, now what? [Read more…]

Filed Under: Eyewitness

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