People v. Gaines, 2020 IL 125165 (September). Episode 818 (Duration 10:35)
The trial judge at first accepted this guilty plea and then abruptly rejected it, if the rejection was proper then there is no double jeopardy problem.
[Read more…]Plea Hearing Ends Abruptly By The Judge Creating Double Jeopardy Problems For The State
People v. Gaines, 2019 IL App (3d) 160494 (July). Episode 663 (Duration 18:40)
Judge abruptly refuses to continue with the plea hearing creating a double jeopardy conundrum for the prosecution. [Read more…]
Defendant Was Allowed To Withdraw His Guilty Plea – No Double Jeopardy Problem Ensued
People v. O’Brien, 2019 IL App (2d) 170030 (July). Episode 662 (Duration 10:42)
No double jeopardy concerns where the defendant was allowed to withdraw his guilty plea after improper admonishments. [Read more…]
It’s Structural Error To Proceed With A Bench Trial Without A Knowing Waiver In Open Court
People v. Johnson, 2019 IL App (1st) 162517 (March).Episode 614 (Duration 11:45)
No valid jury waiver in the record even though he apparently signed the waiver form.
Make Sure To Tell The Judge The Sentence With The Prior Convictions During A Sentencing Plea
People v. Sophanavong, 2018 IL App (3d) 170450 (November). Episode 569 (Duration 4:20)
They didn’t tell the judge the prior sentences on the prior convictions so this 55 year sentence has to be vacated and remanded for a new sentencing hearing. [Read more…]
Immigration Admonishments Before A Guilty Plea Continue To Be Inaccurate
People v. Hoare, 2018 IL App (2d) 160727 (January). Episode 474 (Duration 12:36)
Improper immigration advice is back on the table in a messy way after Lee v. U.S. [Read more…]
Counsel Gave Defendant Wrong And Inaccurate Information Before He Plead Guilty Now What?
People v. Brown, 2017 IL 121681 (November). Episode 436 (Duration 5:41)
Defendant plead guilty because he was told his sentence was a 50% case when in fact it was an 85% case.
Can You Be Too Emotionally Distraught To Enter a Plea?
People v. Bryant, 2016 IL App (5th) 140334 (May). Episode 193 (Duration 6:21)
Defendant said he was to emotionally distraught during his plea hearing to have acted knowingly and voluntarily. [Read more…]
Discovery Rule Doesn’t Cover Crooked Cops: No Duty To Disclose Before A Plea
People v. Gray, 2016 IL App (1st) 141196 (March). Episode 152 (Duration 4:03)
Drug officers were themselves charged with distributing narcotics and Defendant was not told about the investigation before he plead guilty to his own drug charges. [Read more…]