CLE for lawyers through a podcast.
By Samuel Partida, Jr.
People v. Gonzalez, 2016 IL App (1st) 141660 (December). Episode 282 (Duration 7:51)
Defendant not entitled to a third stage evidentiary hearing even though a notoriously corrupt detective handled the witness identifications in his case. [Read more…]
By Samuel Partida, Jr.
People v. Montanez, 2016 IL App (1st) 133726 (June).
People v. Serrano, 2016 IL App (1st) 133493 (June). Episode 198 (Duration 13:34)
Trial court’s granting of the State’s motion for directed verdict after the defendant’s testimony in this third stage hearing must be reversed; any other result would work a palpable injustice. [Read more…]
By Samuel Partida, Jr.
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See People v. Montanez, 2016 IL App (1st) 133726 (June) and
People v. Serrano, 2016 IL App (1st) 133493 (June).
Sometimes the defense can gather up pretty convincing evidence of police misconduct, and the trial judge just can’t pull the trigger on doing the right thing. Episode 198 (Duration 16:04) [Read more…]
By Samuel Partida, Jr.
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People v. Weathers, 2015 IL App (1st) 133264 (November). Episode 116 (Duration: 3:21)
The 2012 Illinois Torture Inquiry and Relief Commission (TIRC) report confirms this defendant was tortured to confess.
[Read more…]By Samuel Partida, Jr.
First post conviction petition does not count if the defendant is just trying to reinstall appeal rights. This postconviction petition was dismissed, in part, because it was defendant’s second postconviction petition. In the first post conviction petition Defendant just wanted to file a late appeal. [Read more…]
By Samuel Partida, Jr.
Defendant filed several postconviction petitions; did counsel have to file a Rule 651 certificate after each amended petition? Appellate court said no. [Read more…]