Kane County Nuggets

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

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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

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

Disorderly Conduct Conviction For Making A Threat Must Get Past Free Speech Protection

November 20, 2018 By Samuel Partida, Jr.

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…]

Filed Under: Knowing, Threatening A Public Official

What Is Criminal Causation In Illinois?

September 26, 2018 By Samuel Partida, Jr.

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…]

Filed Under: Mental State, Police, Proximate Cause

Reckless Discharge Criminal Charge: Another Bad Decision With A Gun

September 4, 2018 By Samuel Partida, Jr.

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…]

Filed Under: Recklessness

Exactly When Is It Appropriate To Use The Criminal Justice System Against A Person With Mental Illness?

December 18, 2017 By Samuel Partida, Jr.

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?

[Read more…]

Filed Under: Mental State

Most Of Illinois Stalking Statute Back On The Table Except For This One Little Part

December 11, 2017 By Samuel Partida, Jr.

People v. Relerford, 2017 IL 121094 (November). Episode 425 (Duration 7:38)

Just a small part of the Illinois stalking statute was declared unconstitutional.

[Read more…]

Filed Under: Constitutional, Mental State

State Must Prove A Criminal Mental State Even With Mentally Ill Defendants

July 12, 2017 By Samuel Partida, Jr.

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…]

Filed Under: Knowing

Reckless Homicide Reversed Outright Because There Was No Recklessness

June 12, 2017 By Samuel Partida, Jr.

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.

[Read more…]

Filed Under: Recklessness

Proving Sexual Gratification Can Be Difficult When Defendant Has Low IQ

June 6, 2017 By Samuel Partida, Jr.

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…]

Filed Under: Sexual Gratification

Demon Tells Defendant To Test His Mortality: He Collides Into A Mother’s Mini-Van

February 15, 2017 By Samuel Partida, Jr.

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…]

Filed Under: Insanity Defense, Mental State

Drug Trafficking Evidence: Proving Knowledge Of The Contents In The Package

November 24, 2014 By Samuel Partida, Jr.

People v. Jones, 2014 IL App (3d) 121016 (November). Episode 031 (Duration 10:34).

Drug trafficking evidence has shifted to more liberal interpretation of suspicious behavior around drugs delivered through the mail. [Read more…]

Filed Under: Evidence, Knowing, Podcast

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