Kane County Nuggets

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

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Duty To Retreat Jury Instruction, Sometimes They Get It Sometimes They Don’t

December 17, 2024 By Samuel Partida, Jr.

People v. S​​loan, 2024 IL 129676 (November). Episode 1082 (Duration 11:03)

Regardless of how the incidents are characterized, there was no evidence to support that the victim was the initial aggressor in the driveway or inside the house.

[Read more…]

Filed Under: Jury Instructions, Self Defense Tagged With: Illinois Supreme Court

Charging Mom As An Accomplice On A Child Abuse Case, Don’t Give This Instruction

May 28, 2024 By Samuel Partida, Jr.

People v. Woods, 2023 IL 127794 (March). Episode 991 (Duration 6:22)

The law of accountability is misstated when the jury iss instructed that the defendant could be held accountable if she did not know, but should have known, of her paramour’s abusive conduct.

[Read more…]

Filed Under: Accountability, Battery, Jury Instructions Tagged With: Illinois Supreme Court

IPI 3.17 Should Be Given Anytime A Person Who Participated In The Crime Testifies Regardless Of Who Calls Him

December 28, 2022 By Samuel Partida, Jr.

People v. Fane, 2021 IL 126715 (December). Episode 848 (Duration 8:02)

Illinois Supreme Court rejects the idea that it is inappropriate to give the accomplice witness instruction or any version of it when the witness exonerates the accused.

[Read more…]

Filed Under: Accomplice Testimony, Jury Instructions

Modified Accomplice Witiness Jury Instruction When To Use It And When Not To Use It

October 5, 2022 By Samuel Partida, Jr.

People v. Fane, 2020 IL App (2d) 180151 (September). Episode 825 (Duration 10:42)

Error to give this modified IPI 3.17 in this case where the one known accused testified for the defense.

[Read more…]

Filed Under: Accomplice Testimony, Jury Instructions

Jury Question Dealing With Mental State Has To Be Answered

October 5, 2022 By Samuel Partida, Jr.

People v. Sperry, 2020 IL App (2d) 180296 (September). Episode 824 (Duration 6:02)

Conviction reversed here because parties and trial judge did not provide a definition to the jury on the knowledge mental state when they asked for clarification.

[Read more…]

Filed Under: Jury Instructions, Knowing

Replaying Video In Courtroom For The Jury Is Fine Says The Illinois Supreme Court

September 29, 2022 By Samuel Partida, Jr.

People v. Hollahan, 2020 IL 125091 (September). Episode 821 (Duration 6:50)

Illinois Supreme Court reverses appellate court on appropriateness of allowing a jury to re-watch video in the courtroom.

[Read more…]

Filed Under: Jury Instructions, Structural Error Tagged With: Illinois Supreme Court, Video

Legally Inconsistent Verdict Requires Reversal In This Case

November 20, 2019 By Samuel Partida, Jr.

People v. Washington, 2019 IL App (1st) 161742 (October). Episode 703 (Duration 16:35)

Legally inconsistent verdicts require a reversal and retrial. [Read more…]

Filed Under: Jury Instructions, Knowing, Recklessness

The Knowledge Requirement For Possessing A Defaced Firearm

March 20, 2019 By Samuel Partida, Jr.

People v. Lee, 2019 IL App (1st) 162563 (February). Episode 605 (Duration 5:29)

Exactly what does the state have to prove in regards to possessing a gun with defaced serial number?

[Read more…]

Filed Under: Gun Crimes, Jury Instructions

How Should The Judge Handle A Jury Request To See The Video?

July 18, 2018 By Samuel Partida, Jr.

People v. Lewis, 2018 IL App (4th) 150637 (April). Episode 514 (Duration 6:27)

It’s within the court’s full discretion to bring the jury back into the courtroom to view recorded evidence after deliberation has already begun.

[Read more…]

Filed Under: Jury Instructions, Structural Error

Should We Declare A Mistrial If The Jury Can’t Agree On Second Degree Murder?

April 24, 2018 By Samuel Partida, Jr.

People v. Manning, 2018 IL 122081 (March). Episode 480 (Duration 21:31)

Jury wanted to know what happens if they can’t agree on second degree murder.

[Read more…]

Filed Under: Jury, Jury Instructions

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