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When Does Double Jeopardy Attach During A Plea Hearing?

September 15, 2022 By Samuel Partida, Jr.

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…]

Filed Under: Double Jeopardy, Guilty Plea

Plea Hearing Ends Abruptly By The Judge Creating Double Jeopardy Problems For The State

August 13, 2019 By Samuel Partida, Jr.

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…]

Filed Under: Double Jeopardy, Guilty Plea Tagged With: Guilty Plea

Defendant Was Allowed To Withdraw His Guilty Plea – No Double Jeopardy Problem Ensued

August 12, 2019 By Samuel Partida, Jr.

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…]

Filed Under: Double Jeopardy, Guilty Plea

It’s Structural Error To Proceed With A Bench Trial Without A Knowing Waiver In Open Court

April 10, 2019 By Samuel Partida, Jr.

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.

[Read more…]

Filed Under: Guilty Plea, Podcast, Structural Error

Make Sure To Tell The Judge The Sentence With The Prior Convictions During A Sentencing Plea

December 12, 2018 By Samuel Partida, Jr.

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…]

Filed Under: Guilty Plea

Immigration Admonishments Before A Guilty Plea Continue To Be Inaccurate

April 10, 2018 By Samuel Partida, Jr.

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…]

Filed Under: Guilty Plea, Immigration

Counsel Gave Defendant Wrong And Inaccurate Information Before He Plead Guilty Now What?

January 3, 2017 By Samuel Partida, Jr.

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. 

[Read more…]

Filed Under: Guilty Plea, Ineffective Assistance

Can You Be Too Emotionally Distraught To Enter a Plea?

July 11, 2016 By Samuel Partida, Jr.

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…]

Filed Under: Guilty Plea

Discovery Rule Doesn’t Cover Crooked Cops: No Duty To Disclose Before A Plea

March 23, 2016 By Samuel Partida, Jr.

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…]

Filed Under: Discovery, Guilty Plea

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