Kane County Nuggets

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

  • Episodes
  • Contact
  • Home
  • Login

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

Certified Convictions With Defendant’s Name Generally Proves It Is Defendant But…

January 5, 2024 By Samuel Partida, Jr.

People v. Smith, 2021 IL App (1st) 190421 (June). Episode 903 (Duration 11:13)

Charging a defendant under an alias raises a question of identity on the face of the charging document, which, if material, must be resolved by the evidence.

[Read more…]

Filed Under: Armed Habitual Criminal, UUW

“In his own Abode” is Not an Element of the UUW Felon Statute

December 20, 2023 By Samuel Partida, Jr.

People v. Hines, 2021 IL App (1st) 191378 (May). Episode 896 (Duration 8:47)

The location where a felon possesses a firearm is not an essential element of the UUWF offense and possession is illegal by a felon anywhere.

[Read more…]

Filed Under: Charges, UUW Tagged With: UUW Felon

Unlawful Use of a Firearm by a Felon Requires “On or About His Person” But Constructive Possession Remains Viable

December 6, 2023 By Samuel Partida, Jr.

People v. Wise, 2021 IL 125392 (April).  Episode 885 (Duration 6:09)

We lose this gun case when when gun is found in van with a driver and 2 other occupants.

[Read more…]

Filed Under: Criminal Possession, UUW Tagged With: constructive possession

Valid FOID Card Did Not Preclude UUW Conviction When Defendant Is Acting Fishy

December 4, 2022 By Samuel Partida, Jr.

People v. Edwards, 2020 IL App (1st) 182245 (December). Episode 843 (Duration 6:00)

This is a “man with a gun” case that the state wins guided primarily by officer safety concerns.

[Read more…]

Filed Under: Gun Crimes, Traffic Stop, UUW

State Can’t Prove Defendant Possessed The Gun Because It Was Not His House

August 24, 2022 By Samuel Partida, Jr.

People v. Milan, 2020 IL App (1st) 172181 (September). Episode 813 (Duration 4:57)

State didn’t prove the gun in the house belonged to defendant.

[Read more…]

Filed Under: Criminal Possession, UUW Tagged With: constructive possession, Corpus Delicti

Dropsy, Smells-Me, Front Seating, and Other Testilying Testimony Has To Be Weighed On It’s Own Merit

June 2, 2020 By Samuel Partida, Jr.


People v. Campbell
, 2019 IL App (1st) 161640 (April)
. Episode 630 (Duration 11:07)

Court is not insensitive to claims of “dropsy” testimony and “testilying.”

[Read more…]

Filed Under: Traffic Stop, UUW

UUW Felon Where State Didn’t Sufficiently Tie Defendant To The Bullets

March 30, 2020 By Samuel Partida, Jr.

People v. Walker, 2020 IL App (1st) 162305 (March). Episode 755 (Duration 4:44)

State didn’t prove the bullets in the bedroom where the defendant’s.

Read more

Filed Under: Criminal Possession, UUW Tagged With: constructive possession

UUW Felon Status Should Always Be Stipulated To By The Defense

February 10, 2020 By Samuel Partida, Jr.

People v. Moore, 2020 IL 124538 (January). Episode 734 (Duration 5:29)

It’s ineffective for counsel to not object to defendant’s felon status.

Read more

Filed Under: Stipulation, UUW

  • 1
  • 2
  • 3
  • 4
  • 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
  • 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 Illinois Supreme Court Inventory Search Investigative Alert Jury Instructions Lynch Material Mistrial Nonconsensual Dissemination Odor of Cannabis One Act-One Crime Passenger Polling Jury PowerPoint Probable Cause Public Trial Retrograde Extrapolation Single Punch Social Media SOJ Stipulated Bench Trial Structural Error Sufficiency of the Evidence Traffic Stop Trespass Vehicular Invasion Video Voluntary Intoxication Warrant

Copyright © 2025 ● Disclaimer