People v. Houston, 2024 IL App (3d) 210324 (March). Episode 1042 (Duration 6:34)
Mistake-of-age is not an available defense to a charge of predatory criminal sexual assault of a child.
[Read more…]How To Prove Aggravated Battery To A Person Over 60 Years Of Age
People v. Cooper, 2024 IL App (2d) 220158 (March). Episode 1040 (Duration 12:54)
Applying defendant’s interpretation of the law, an elderly battery victim would need to display some form of age-related identification to his or her attacker prior to being assaulted or mention his or her age.
[Read more…]Proving Possession Of A Stolen Motor Vehicle May Require More Than A Stolen Car And An Unbelievable Driver
People v. Wynder, 2024 IL App (1st) 221875 (March). Episode 1039 (Duration 8:38)
Even if defendant’s testimony is disregarded in its entirety and her statements to police are not believed, that would not mean that the State proved beyond a reasonable doubt that she had the requisite knowledge for this crime.
[Read more…]Defacement Of A Firearm Requires Proof Of Knowledge Of The Defacement
People v. Ramirez, 2023 IL 128123 (May). Episode 993 (Duration 4:02)
Section 24-5(b)’s implied mens rea of knowledge must apply to both elements of the offense, possession and defacement.
[Read more…]Identical Traffic Code Violations Differ In Mental States So Their Different
People v. Sroga, 2022 IL 126978 (May). Episode 943 (Duration 7:14)
Because section 4-104(a)(4) has an inferred mental state of knowledge and section 3-703 imposes absolute liability, the imposition of harsher punishment for a conviction under section 4- 104(a)(4) than under section 3-703 is constitutionally sound.
[Read more…]2 Bullets In The Gove Box Leads To 2 Years In Prison For This Mother of 2
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…]
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…]