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.”
[Read more…]AUUW Invitee Provision is an Affirmative Defense In Illinois: Can’t Be Convicted If You Have Permission To Have A Gun On Friend’s Properety
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…]
Aguilar Did Facially Strike Down Specific Sections of AUUW – No Person (Not Even Felons) Can Be Convicted
People v. Burns, 2015 IL 117387 (December). Episode 119 (Duration: 6:54)
This 10 year AUUW conviction is reversed because Aguilar struck down the statute facially notwithstanding the defendant’s felony history.
[Read more…]If Aguilar Says Some Gun Possession Is Legal Then Can The Police Stop You If They See A Gun?
People v. Holmes, 2015 IL App (1st) 141256 (November). Episode 108 (Duration 4:30).
People v. Aguilar invalidated some gun charges, in Illinois this means some seizures are also unconstitutional.
[Read more…]Proportionate Penalties Challenge To AUUW No FOID Section Fails
People v. Williams, 2015 IL 117470 (November). Episode 109 (Duration: 4:33)
Certain sections of the AUUW statute criminalizing gun possession with a valid FOID remain constitutional.
[Read more…]Gun Add On Is Unconstitutional When Applied Against Youthful Offenders
See People v. Gibson, 2015 IL App (1st) 122451 (May). Episode 076 (Duration 11:07)
Was this 3 judge appellate panel courageous or were they activist judges when they declared the 20 year gun add-on unconstitutional? [Read more…]
Aggravated Unlawful Use of a Weapon – 720 ILCS 5/24-1.6 Revisited by Illinois Supreme Court
See People v. Mosley, 2015 IL 115872 (February). Episode 060 (Duration 14:33)
After Aguilar, the fallout for Aggravated Unlawful Use of a Weapon – 720 ILCS 5/24-1.6 convictions remains consistent. [Read more…]
Some Unlawful Use of a Weapon by a Felon Charges DO Require Notice Under 725 ILCS 5/111-3(c)
People v. Whalum, 2014 IL App (1st) 110959-B (September).
So, some unlawful use of a weapon by a felon charges DO require notice under 725 ILCS 5/111-3(c). Case after case, the appellate court has been telling us that no such requirement is required. There is an exception. [Read more…]
Warning: Possession Of Defaced Firearm Has No Recommended Jury Instructions
People v. Falco, 2014 IL App (1st) 111797 (August). Episode 009 (Duration 7:37)
Ineffective assistance of counsel during jury instructions creates caution for most defense attorneys. This case, is no exception. Errors with jury instructions for the charge of possession of defaced firearm got everyone in trouble. Listen Podcast to Episode 009, to discover what happened in this case.
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