Kane County Nuggets

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

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Joinder Does Not Allow Police To Issue Traffic Citation That Limits The Charging Decision Of A Prosecutor

October 29, 2024 By Samuel Partida, Jr.

People v. Nielsen, 2024 IL App (1st) 221809 (August). Episode 1064 (Duration 7:13)

Under the compulsory joinder statute, a uniform citation complaint issued by a police officer cannot mark the commencement of any felony prosecution and an offense listed on such a citation does not preclude the state’s attorney from later bringing felony charges.

[Read more…]

Filed Under: Joinder

Speedy Trial Demand Was Never Made – But Let’s Look At Differences Between In Custody and Out of Custody Defendants

June 17, 2024 By Samuel Partida, Jr.

People v. Stevenson, 2023 IL App (3d) 220055 (July). Episode 1003 (Duration 7:14)

It is readily apparent from the record that no clear or obvious error occurred.

[Read more…]

Filed Under: DUI, Joinder, Speedy Trial

The Traffic Citation Exception To The Compulsory Joinder Williams Rule Applies In The Third District Different Than In The Second District

February 12, 2024 By Samuel Partida, Jr.

People v. Rogers, 2021 IL 126163 (October). Episode 932 (Duration 7:35)

Pursuant to the rule announced in Kazenko, the additional delay was not attributable to the State, and the compulsory-joinder rule did not apply.

[Read more…]

Filed Under: Double Jeopardy, DUI, Joinder, Speedy Trial

Speedy Trial Problem With Later Charge Brings It All Down

February 5, 2024 By Samuel Partida, Jr.

People v. Redmon, 2022 IL App (3d) 190167 (January). Episode 927 (Duration 7:31)

The State added later charges that were clearly based on the same conduct charged earlier which meant the speedy clock was blown for the those later, more serious charges. 

[Read more…]

Filed Under: Joinder, Speedy Trial Tagged With: Cumulative Error

Driving While Texting Results In A Fatality and Felony Conviction For Driver Despite Joinder Challenge After He Originally Plead Guilty To A Traffic Offense

December 22, 2023 By Samuel Partida, Jr.

People v. Delhaye, 2021 IL App (2d) 190271 (May). Episode 898 (Duration 14:26)

Conviction affirmed the defendant’s convictions for aggravated unlawful use of an electronic communication device in connection with a fatal car accident despite a joinder challenge.

[Read more…]

Filed Under: Charges, Joinder Tagged With: Driving While Texting

This Is The Case To Know To Understand Compulsory Joinder

May 20, 2020 By Samuel Partida, Jr.

People v. Williams, 204 Ill. 2d 191, 207 (2003). Episode 775 (Duration 15:06)

This Illinois Supreme Court from 2003 helps us make sense of compulsory joinder, speedy trial issues and the so-called “Williams Rule.”

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Filed Under: Joinder, Speedy Trial

Remember People v. Moffett, What Is Going On?

May 19, 2020 By Samuel Partida, Jr.

People v. Moffett, 2019 IL App (2d) 180964 (December). Episode 730 (Duration 12:55)

Trial court erred when it granted this motion to dismiss based on a speedy trial violation.

[Read more…]

Filed Under: Joinder, Speedy Trial

Compulsory Joinder Required That The Later Amended Charge Be Filed With The Original Charge

May 18, 2020 By Samuel Partida, Jr.

People v. Rogers, 2020 IL App (3d) 180088 (May). Episode 773 (Duration 13:42)

Defense counsel should have filed a motion to dismiss based on a speedy trial violation.

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Filed Under: DUI, Joinder, Speedy Trial

Williams Rule Modified A Bit Here

January 22, 2020 By Samuel Partida, Jr.

People v. Moffett, 2019 IL App (2d) 180964 (December). Episode 730 (Duration 12:55)

Trial court erred when it granted this motion to dismiss based on a speedy trial violation.

[Read more…]

Filed Under: Joinder, Speedy Trial

Other Crimes Evidence In A Sex Case Can’t Touch Basic Joinder Rules

January 8, 2018 By Samuel Partida, Jr.

People v. Hayden, 2018 IL App (4th) 160035 (December). Episode 577 (Duration 7:14)

Predatory reversed due to non severance of the charges.

[Read more…]

Filed Under: 115-10, Indictment, Joinder

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