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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: Illinois 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 Instructions, Jury Misconduct

When Should The Judge Declare A Mistrial When The Jury Can’t Agree On A Verdict?

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 Instructions, Trial

What Happens When A Judge Instructs The Jury Inaccurately?

July 11, 2017 By Samuel Partida, Jr.

People v. Dismuke, 2017 IL App (2d) 141203 (June). Episode 361 (Duration 8:30)

Zehr principles are royal screwed up leading to a reversal under plain error. [Read more…]

Filed Under: Jury Instructions

Use This Modified IPI 3.14 With Domestic Violence Other Crimes Cases

March 7, 2017 By Samuel Partida, Jr.

People v. Heller, 2017 IL App (4th) 140658 (January). Episode 304 (Duration 5:23)

Use this modified IPI 3.14 when other crimes evidence is admitted in a domestic battery pursuant to 725 ILCS 5/115-7.4. [Read more…]

Filed Under: Jury Instructions, Other Crimes

Dirty Rat Accomplice Trial Leads To Ineffective Assistance

August 16, 2016 By Samuel Partida, Jr.

People v. Zambrano, 2016 IL App (3d) 140178 (July). Episode 212 (Duration 10:30)

Ineffective assistance of counsel for not giving the accomplice instruction leads to murder reversal. [Read more…]

Filed Under: Accomplice Testimony, Jury Instructions

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