Kane County Nuggets

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

  • Episodes
  • Contact
  • Home
  • Login

Reckless Discharge Requires Endangering The Bodily Safety Of “An Individual”

March 27, 2017 By Samuel Partida, Jr.

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…]

Filed Under: Reckless Discharge

State Not Allowed To Re-Open Old Counts When Aguilar UUW Is Vacated

March 21, 2017 By Samuel Partida, Jr.

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…]

Filed Under: Constitutional, UUW

Sympathetic Nervous System Reaction Wins The Day In This Gun Case

August 24, 2016 By Samuel Partida, Jr.

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…]

Filed Under: Reckless Discharge

Can an Invalidated Aguilar Conviction be Used in Aggravation in a Sentencing?

June 29, 2016 By Samuel Partida, Jr.

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…]

Filed Under: Constitutional, UUW

Old Aguilar Gun Convictions Can’t Be Used As Predicates For More Serious Crimes

June 28, 2016 By Samuel Partida, Jr.

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…]

Filed Under: Constitutional, UUW

Prosecutors May Have To Rethink Gun Convictions After This Confrontation Clause Ruling

June 16, 2016 By Samuel Partida, Jr.

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…]

Filed Under: Confrontation, Evidence, Gun Crimes

Dangerous Weapons for Armed Violence Defeats Proportionate Penalties Challenge

May 31, 2016 By Samuel Partida, Jr.

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…]

Filed Under: Armed Violence, Dangerous Weapon

Lesser Included On A Gun Charge Is Kind Of Trickey

April 26, 2016 By Samuel Partida, Jr.

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…]

Filed Under: Gun Crimes, Lesser-Included

Category of Dangerous Weapons Is Narrow for Armed Violence

April 25, 2016 By Samuel Partida, Jr.

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…]

Filed Under: Armed Violence, Dangerous Weapon

AUUW Invitee Provision is an Affirmative Defense In Illinois

January 8, 2016 By Samuel Partida, Jr.

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.”

[Read more…]

Filed Under: UUW

  • « Previous Page
  • 1
  • …
  • 4
  • 5
  • 6
  • 7
  • 8
  • Next Page »

Categories

  • Accountability
  • Aggravated Battery
  • Appeal
  • Bail
  • Battery
  • Burglary
  • Charges
  • Confession
    • Attenuation
    • Miranda
    • Voluntary
  • Conflict Of Interest
  • Constitutional
  • Contempt Of Court
  • Criminal Possession
  • Discovery
  • Dismissal
  • Disorderly Conduct
  • Double Jeopardy
  • DUI
    • Actual Physical Control
    • Blood
    • DRE
    • Field Sobriety Tests
    • Proximate Cause
    • Suspension
  • Evidence
    • 115-10
    • Accomplice Testimony
    • DNA
    • Expert
    • Eyewitness
    • Hearsay
    • Opinion
    • Other Crimes
    • Over Hear
    • Prior Consistent Statement
    • Privilege
    • Silent Witness
    • Surveillance Privilege
  • Expungement
  • Felony Murder
  • Fitness For Trial
  • Grand Jury
  • Guilty Plea
  • Gun Crimes
    • Armed Habitual Criminal
    • Armed Violence
    • Reckless Discharge
    • UUW
  • Illinois Supreme Court
  • Immigration
  • Indictment
  • Ineffective Assistance
    • Krankel Hearing
  • Joinder
  • Judicial Bias
  • Jury Instructions
  • Juvenile Justice
  • Lesser-Included
  • Mental State
    • Knowing
    • Recklessness
    • Sexual Gratification
  • Notice Requirement
  • Obstructing Justice
  • Postconviction Petition
  • Pre-Trial Detention
  • Procedure
  • Professional Responsibility
    • Conflict Of Interest
  • Prosecutorial Misconduct
  • Resisting Arrest
  • SCOTUS
  • Search & Seizure
    • Anonymous Tip
    • Community Care Taking
    • Consent To Search
    • Drug Dog
    • Exigent Circumstances
    • Good Faith Exception
    • Mistake of Law
    • Pat Down
    • Plain View
    • Probable Cause
    • Reasonable Suspicion
    • Search Incident To Arrest
    • Strip Search
    • Traffic Stop
    • Warrant
  • Second Degree Murder
  • Sentencing
    • Aggravation
    • Consecutive
    • Credit For Time Served
    • Dangerous Weapon
    • Enhancement
    • Extended Term
    • Fines & Fees
    • Forcible Felony
    • Gun Add-On
    • Life Sentence
    • Mandatory X
    • Merging Counts
    • Mitigation
    • Probation
    • Restitution
  • Sex Case
    • Child Porn
    • Grooming
    • SORA
  • Speedy Trial
  • Statute of Limitations
  • Structural Error
  • Threatening A Public Official
  • Trial
    • Affirmative Defense
    • Batson
    • Closing Argument
    • Confrontation
    • Immunity
    • Impeachment
    • Insanity Defense
    • Jury
    • Necessity Defense
    • Opening Statement
    • Pretrial Publicity
    • Self Defense
    • Stipulation
  • Vehicular Hijacking
  • Warrant

Tags

Car Search Cell Phone Collective Knowledge constructive possession Corpus Delicti Cumulative Error Defaced Firearm Domestic Violence Drug Induced Homicide Drugs Enhancement Entrapment Excited Utterance Expert Force Forfeiture by Wrongdoing Gang Evidence Gun Add-On Identity Theft Illinois Supreme Court Inventory Search Investigative Alert Jury Instructions Nonconsensual Dissemination Odor of Cannabis One Act-One Crime Parole Search Passenger Polling Jury Probable Cause Public Trial Retrograde Extrapolation Single Punch Social Media SOJ Stipulated Bench Trial Structural Error Subpoena Sufficiency of the Evidence Traffic Stop Trespass Vehicular Invasion Video Voluntary Intoxication Warrant

Copyright © 2025 ● Disclaimer