Kane County Nuggets

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

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Issue-Preclusion Doctrine: Is Carrying A Handgun The Same As Possessing A Gun?

January 6, 2025 By Samuel Partida, Jr.

People v. Collins, 2024 IL App (2d) 240005 (November). Episode 1085 (Duration 6:29)

A person cannot carry a weapon without also possessing it.

[Read more…]

Filed Under: Dismissal, Gun Crimes

Lack Of Conceal Carry Permit May Be Proven Just With Defendant’s Admission He Does Not Have One

November 18, 2024 By Samuel Partida, Jr.

People v. Harvey, 2024 IL 129357 (October). Episode 1073 (Duration 7:46)

Defendant’s admission that he had not been issued a valid CCL did not require independent corroboration under the corpus delicti rule.

[Read more…]

Filed Under: Evidence, Gun Crimes Tagged With: Corpus Delicti

Armed Habitual Criminal Predicate Convictions Can Come From Same Case Number

October 31, 2024 By Samuel Partida, Jr.

People v. Harris, 2024 IL App (3d) 230406 (August). Episode 1066 (Duration 5:22)

AHC statute is clear and unambiguous and that it allows the State to use two or more drug offenses that occurred on separate days but were charged in the same bill of indictment and the same case to satisfy the predicate offense element of the statute

[Read more…]

Filed Under: Armed Habitual Criminal, Indictment

PreTextual Stop Was Based On Much More Than Just A Traffic Infraction

August 20, 2024 By Samuel Partida, Jr.

People v. Hatcher, 2024 IL App (1st) 220455 (March). Episode 1036 (Duration 5:13)

Defendant was not arrested based on his possession of a firearm; he was arrested based on his suspected involvement in bank fraud.

[Read more…]

Filed Under: Gun Crimes, Traffic Stop Tagged With: Car Search

Driving While Black Was NOT The Reason We Lost This Gun Case

August 19, 2024 By Samuel Partida, Jr.

People v. Carpenter, 2024 IL App (1st) 220970 (March). Episode 1035 (Duration 13:18)

DWB involves police using “stereotypical thinking and hunches” and “dubious investigative techniques” in traffic stops.

[Read more…]

Filed Under: Gun Crimes, Traffic Stop

Armed Habitual Criminal Predicate Conviction Still Counts If Defendant Was 17 YOA When He Committed It

August 12, 2024 By Samuel Partida, Jr.

People v. Gray, 2024 IL 127815 (March). Episode 1031 (Duration 10:28)

We conclude that defense counsel’s stipulation provided sufficient evidence to convict defendant of the offense of being an armed habitual criminal.

[Read more…]

Filed Under: Armed Habitual Criminal Tagged With: Illinois Supreme Court

POD View Of Man With A Gun Magazine Is Not Probable Cause

August 5, 2024 By Samuel Partida, Jr.

People v. Page, 2024 IL App (1st) 220830 (February). Episode 1028 (Duration 5:56)

Officer sees a man with a gun magazine, but has no reason to conclude the man’s possession of a firearm was illegal. 

[Read more…]

Filed Under: Gun Crimes, Probable Cause

FOID Violations Under 430 ILCS 65/2 Include A Mental State Requiring State To Prove Knowledge Of Revocation Status

July 31, 2024 By Samuel Partida, Jr.

People v. Shelly, 2024 IL App (3d) 220432 (January). Episode 1026 (Duration 4:09)

The supreme court’s reasoning in Ramirez applies with equal force to the facts presented here. Section 24-5(b) is a possessory offense consisting of two elements: possession and defacement.

[Read more…]

Filed Under: Gun Crimes

Gun Locked In Glove Box Attributable To Driver Convicted Of AUUW

June 28, 2024 By Samuel Partida, Jr.

People v. Mallett, 2023 IL App (1st) 220920 (September). Episode 1011 (Duration 6:42)

(1) It was immediately apparent to the officer that he had probable cause to believe, that the white pills in the blue-tinted, knotted baggie were illegal narcotics. (2) The evidence clearly shows the car was her car, she had control of the car,

[Read more…]

Filed Under: Gun Crimes, Plain View, UUW Tagged With: constructive possession

Illinois AUUW No FOID And NO CCL Reman Constitutional Even After That New York SCOTUS Case – Bruen

June 27, 2024 By Samuel Partida, Jr.

People v. Gunn, 2023 IL App (1st) 221032 (September). Episode 1010 (Duration 10:30)

The Bruen case acknowledged that shall-issue regimes, which are aimed at ensuring that only law-abiding citizens are allowed to possess and carry firearms, do not prevent citizens from exercising their second amendment rights.

[Read more…]

Filed Under: Constitutional, UUW

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