Kane County Nuggets

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

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Course of Conduct Shenanigans And How To Shut It Down

May 13, 2020 By Samuel Partida, Jr.

People v. Gladney, 2020 IL App (3d) 180087 (April). Episode 772 (Duration 8:04)

When the state makes this argument “objection” alarm bells got to be going off in your head.

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Filed Under: Hearsay

Foundation For A Facebook Message Not Complicated

April 15, 2020 By Samuel Partida, Jr.

People v. Brand, 2020 IL App (1st) 171728 (March). Episode 763 (Duration 10:49)

Defendant sent threatening messages to the victim using facebook.

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Filed Under: 115-10, Hearsay Tagged With: Social Media

Rule Of Evidence 613(c) On Prior Consistent Statement Has Been Amended And It Makes Sense Now

January 21, 2020 By Samuel Partida, Jr.

People v. Moffett, 2019 IL App (2d) 180964 (December). Episode 729 (Duration 9:50)

New prior consistent statement rule makes it clear that admissible hearsay is coming in even if it is consistent with other testimony.

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Filed Under: Hearsay, Prior Consistent Statement

Be Careful With Admissions By Omissions

April 17, 2019 By Samuel Partida, Jr.

People v. Ruiz, 2019 IL App (1st) 152157 (March). Episode 617 (Duration 15:47)

Defendant’s conversation with his buddy is recorded and his friend kept telling him he always takes things too far.

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Filed Under: Accountability, Hearsay

Hearsay Course Of Conduct Evidence Was Not An Error

February 12, 2019 By Samuel Partida, Jr.

People v. Davison, 2019 IL App (1st) 161094 (February). Episode 589 (Duration 15:22)

Another example of evidence that was admitted to demonstrate the course of the police investigation.

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Filed Under: Hearsay

State Needs To Bring In A Body To Admit Certification Letter From Illinois State Police

November 19, 2018 By Samuel Partida, Jr.

People v. Stewart, 2018 IL App (3d) 160205 (November). Episode 560 (Duration 5:23)

You got to object when they try to admit the gun letter.

[Read more…]

Filed Under: Confrontation, Hearsay

Normal Rules Of Evidence Do Not Apply During A Statutory Summary Suspension Hearing In Illinios

January 31, 2018 By Samuel Partida, Jr.

People v. Horine, 2017 IL App (4th) 170128 (December). Episode 448 (Duration 16:18)

Judge and prosecutor get into it on whether or not the state could admit this hearsay evidence during this SSS hearing.

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Filed Under: Hearsay

Drew Peterson Loses His Forfeiture By Wrongdoing Claim

September 28, 2017 By Samuel Partida, Jr.

People v. Peterson, 2017 IL 120331 (September). Episode 396 (Duration 17:32)

Drew Peterson loses his forfeiture by wrongdoing appeal to the Illinois Supreme Court.

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Filed Under: Evidence, Hearsay Tagged With: Forfeiture by Wrongdoing

Illinois Rules of Evidence: How To Admit And Authenticate A Facebook Post

August 7, 2017 By Samuel Partida, Jr.

People v. Kent, 2017 IL App (2d) 140917 (June). Episode 373 (Duration 10:29)

Admitting this Facebook post leads to murder conviction reversal.

[Read more…]

Filed Under: Hearsay Tagged With: Social Media

Hearsay Exception Also Includes Implied Information

May 15, 2017 By Samuel Partida, Jr.

People v. French,  2017 IL App (1st) 141815 (March). Episode 339 (Duration 18:04).

In Illinois the hearsay exception also includes implied information that is actually stated out loud.

[Read more…]

Filed Under: Hearsay

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