People v. Jones, 2023 IL 127810 (January). Episode 863 (Duration 9:40)
Constructive possession can be shown for items in a glove box and you may not want to give the “knowledge” instruction.
[Read more…]Jury Question Dealing With Mental State Has To Be Answered
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…]Legally Inconsistent Verdict Requires Reversal In This Case
People v. Washington, 2019 IL App (1st) 161742 (October). Episode 703 (Duration 16:35)
Legally inconsistent verdicts require a reversal and retrial. [Read more…]
Disorderly Conduct Conviction For Making A Threat Must Get Past Free Speech Protection
People v. Khan, 2018 IL App (2d) 160724 (October). Episode 561 (Duration 18:46)
Dude posted a message on facebook that he carries a gun on the college campus and people gonna end up in a body bag if they don’t stop messing with him. [Read more…]
What Is Criminal Causation In Illinois?
People v. Nere, 2018 IL 122566 (September). Episode 541 (Duration 26:58)
Prepare for a PhD on criminal causation in this drug overdose case. [Read more…]
Reckless Discharge Criminal Charge: Another Bad Decision With A Gun
People v. Peel, 2018 IL App (4th) 160100 (August). Episode 531 (Duration 10:11)
Defendant shot his gun off in his yard into the ground in the middle of the night. [Read more…]
Exactly When Is It Appropriate To Use The Criminal Justice System Against A Person With Mental Illness?
People v. Lee, 2017 IL App (1st) 151652 (October). Episode 428 (Duration 13:52)
Schizophrenic and suicidal patient loses control with a nurse and strikes her, but was it accidental?
Most Of Illinois Stalking Statute Back On The Table Except For This One Little Part
People v. Relerford, 2017 IL 121094 (November). Episode 425 (Duration 7:38)
Just a small part of the Illinois stalking statute was declared unconstitutional.
State Must Prove A Criminal Mental State Even With Mentally Ill Defendants
People v. Jackson, 2017 IL App (1st) 142879 (June). Episode 362 (Duration 13:26)
DOJ’s report on CPD use of force cited in an appeal for the first time in a case featuring a mentally ill defendant. [Read more…]
Reckless Homicide Reversed Outright Because There Was No Recklessness
People v. Shakirov, 2017 IL App (4th) 140578 (April). Episode 348 (Duration 18:46)
Reckless homicide reversed outright when the state failed to establish any recklessness at all.
Proving Sexual Gratification Can Be Difficult When Defendant Has Low IQ
People v. Mayo, 2017 IL App (2d) 150390 (May). Episode 346 (Duration 10:46)
23 year old defendant with an IQ of 48 doesn’t necessarily have an obvious mental state seeking sexual gratification. [Read more…]
Demon Tells Defendant To Test His Mortality: He Collides Into A Mother’s Mini-Van
People v. Oelerich, 2017 IL App (2d) 141281 (February). Episode 295 (Duration 13:05)
Defendant had severe mental delusions and issues when he drove his car head on into a lady’s mini van. [Read more…]