People v. Reveles-Cordova, 2020 IL 124797 (November). Episode 832 (Duration 11:44)
Illinois Supreme Court says a home invasion predicated on a rape is a single conviction and the rape, merges, as a lesser-included offense.
[Read more…]What Is Involuntary Manslaughter?
In Illinois involuntary manslaughter is an unintentional killing. It results when a person acts recklessly such that their conduct leads to the death of another individual.
[Read more…]“Any Evidence” Justifies A Lesser Included Instruction (Not Any “Credible” Evidence)
People v. McDonald, 2016 IL 118882 (December). Episode 287 (Duration 4:45)
What’s the appropriate standard a reviewing court should follow when deciding whether there was error in not giving a lesser included instruction: Abuse of discretion or de novo review?
Lesser Included On A Gun Charge Is Kind Of Trickey
People v. Clark, 2016 IL 118845 (March). Episode 163 (Duration 7:02)
Aggravated vehicular hijacking and armed robbery without a firearm are not lesser-included offenses of aggravated vehicular hijacking and armed robbery with a firearm. [Read more…]
In Illinois We Use The Charging Instrument Approach To Determine A Lesser Included Offense
People v. Moman, 2014 IL App (1st) 130088 (August). Was this uncharged conviction proper?
Lesser included offense Illinois analysis means that obstructing a peace officer is probably always a lesser included offense of aggravated battery to a peace officer. Apparently, he kicked a correctional officer while in the Cook County jail. He was acquitted after a bench trial but found guilty of the lesser-included offense of obstructing a peace officer. [Read more…]