People v. Wilson, 2020 IL App (1st) 162430 (March). Episode 761 (Duration 14:17)
Minor had severe learning disabilities and probably didn’t understand his Miranda warnings.
Read more40 Years Is A De Facto Life In Illinois
People v. Buffer, 2019 IL 122327 (April). Episode 625 (Duration 8:41)
Illinois Supreme Court says anything over 40 years is a de facto life sentence.
[Read more…]Making Sense Of The Latest Illinois Juvenile Interrogation Statute
In re Jose A., 2018 IL App (2d) 180170 (October). Episode 557 (Duration 22:10)
The new juvenile Miranda requirement is discussed here. [Read more…]
Over 18 Years Of Age Disqualifies You From The Juvenile Sentencing Rules: But Their May Be A Small Exception
People v. Harris, 2018 IL 121932 (October). Episode 551 (Duration 14:08)
Illinois Supreme Court reveals the path 18-21 year olds should follow in order to have their their youthfulness considered as a factor at sentencing. [Read more…]
An Extension Of De Facto Life Sentences But Is It Proper?
People v. Rodriguez, 2018 IL App (1st) 160030 (September). Episode 457 (Duration 6:24)
Can defendant combine a sentence from an earlier crime with the sentence of a new crime to claim a de facto life sentence? [Read more…]
What’s The Best Way To Handle A Plea To A Non-Automatic Transfer Charge?
People v. Ingram, 2018 IL App (4th) 160099 (July). Episode 523 (Duration 6:15)
Defendant plead on a non-automatic transfer charge and now wants a do-over. [Read more…]
You Can’t Charge Juveniles In Adult Court With Possession Of Stolen Vehicle
In re M.R., 2018 IL App (2d) 170342 (March). Episode 484 (Duration 10:56)
Minors charged with possession of stolen vehicle must be charged in juvenile court. [Read more…]
Second Degree Murder Is Not An Automatic Transfer Offense So What Happens When Minor is “Acquitted” of First Degree Murder?
People v. Fort, 2017 IL 118966 (February). Episode 308 (Duration 9:57)
Illinois Supreme Court says State must charge second degree murder if they want to continue with adult sentencing after they lose a first degree murder count. [Read more…]
17 Year Old With 5th Grade Reading Level And Mental Disorders Gives A Voluntary Statement
People v. Edwards, 2017 IL App (3d) 130190-B (January). Episode 300 (Duration 5:42)
This 17 year old’s confession was voluntary even though he had a fifth grade reading level, suffered from various mental disorders, and that the investigating officers did not allow him to speak to his mother. [Read more…]
No Apprendi Problem When Prior Adjudication Used To Extend A Sentence
People v. Jones, 2016 IL 119391 (October). Episode 248 (Duration 5:53)
Prior adjudications may be considered for extended terms proved up at sentencing with a PSI without any Apprendi violations. [Read more…]
This Voluntary Confession is Suppressed, Minor With IQ 70
In re S.W.N., 2016 IL App (3d) 160080 (July). Episode 210 (Duration 11:57)
Minor had an IQ of 70, otherwise voluntary confession suppressed. [Read more…]
Court Supervision Can Be Given A Juvenile Cases Over The State’s Objection
In re Derrico G., 2014 IL 114463 (August).
Court supervision in juvenile sentencing in Illinois always depended on approval by the prosecution. The law is now different, and allows the court to grant supervision in juvenile court over the State’s objection.
[Read more…]