People v. Grant, 2017 IL App (1st) 142956 (February). Episode 313 (Duration 3:49)
Defendant shot himself in an empty apartment, reckless discharge?
[Read more…]State Not Allowed To Re-Open Old Counts When Aguilar UUW Is Vacated
People v. Shinaul, 2017 IL 120162 (February). Episode 311 (Duration 4:52)
State is not allowed to reinstate charges after Defendant vacates an invalidated Aguilar AUUW conviction.
[Read more…]Sympathetic Nervous System Reaction Wins The Day In This Gun Case
People v. Olivieri, 2016 IL App (1st) 152137 (August). Episode 215 (Duration 8:18)
Insufficient evidence to prove reckless discharge of a firearm by this conceal and carry permit holder; SNSR wins the day.
[Read more…]Can an Invalidated Aguilar Conviction be Used in Aggravation in a Sentencing?
People v. Billups, 2016 IL App (1st) 134006 (May). Episode 188 (Duration 4:52)
Trial counsel was ineffective for trial court’s consideration of two convictions later ruled unconstitutional.
[Read more…]Old Aguilar Gun Convictions Can’t Be Used As Predicates For More Serious Crimes
People v. McFadden, 2016 IL 117424 (June). Episode 187 (Duration 5:17)
Defendant questioned the validity of his UUW Felon conviction because it was predicated on a AUUW invalidated under Aguilar.
[Read more…]Prosecutors May Have To Rethink Gun Convictions After This Confrontation Clause Ruling
People v. Diggins, 2016 IL App (1st) 142088 (May). Episode 182 (Duration 5:14)
Is an Illinois State Police certified letter saying Defendant has no FOID testimonial in nature? [Read more…]
Dangerous Weapons for Armed Violence Defeats Proportionate Penalties Challenge
People v. Hernandez, 2016 IL 118672 (May). Episode 175 (Duration 7:12)
The common-law definition of “dangerous weapon” found in the armed robbery statute is broader than the definition of “dangerous weapon” in the armed violence statute.
[Read more…]Lesser Included On A Gun Charge Is Kind Of Trickey
People v. Clark, 2016 IL 118845 (March). Episode 163 (Duration 7:02)
Aggravated vehicular hijacking and armed robbery without a firearm are not lesser-included offenses of aggravated vehicular hijacking and armed robbery with a firearm.
[Read more…]Category of Dangerous Weapons Is Narrow for Armed Violence
People v. Ligon, 2016 IL 118023 (February). Episode 162 (Duration 6:45)
Many objects can qualify as dangerous weapons for purposes of aggravated vehicular hijacking, but not as to armed violence.
[Read more…]AUUW Invitee Provision is an Affirmative Defense In Illinois
People v. Tolbert, 2016 IL 117846 (January). Episode 137 (Duration 3:45)
AUUW liability by a person under 21 can be avoided if the minor is “on the land or in the legal dwelling of another person as an invitee with that person’s permission.”
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