Kane County Nuggets

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

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Warrant Not Removed From LEADS Does Not Warrant Application Of Exclusionary Rule

December 6, 2024 By Samuel Partida, Jr.

People v. Nash, 2024 IL App (4th) 221078 (November). Episode 1078 (Duration 13:08)

The warrant was not removed from the system due simply to a garden-variety clerical error. 

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Filed Under: Attenuation, Closing Argument, Good Faith Exception, Prosecutorial Misconduct, Traffic Stop, Warrant Tagged With: Traffic Stop

Jessie Smollet, The Case Where Nobody Looks Good

December 4, 2024 By Samuel Partida, Jr.

People v. Smollet, 2024 IL 130431 (November). Episode 1076 (Duration 12:52)

“The public justifiably expects the State, above all others, to keep its bond.” Bowers v. State, 500 N.E.2d 203, 204 (Ind. 1986). 

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Filed Under: Dismissal, Prosecutorial Misconduct Tagged With: Illinois Supreme Court

Dismissing Indictment On Due Process Violation Is A High High Burden For The Defense

November 14, 2024 By Samuel Partida, Jr.

People v. Basile, 2024 IL 129026 (October). Episode 1071 (Duration 12:28)

Here, defendant has utilized the vague and uncertain concerns of a single juror to justify an intrusion on the grand jury’s determination of probable cause by recasting a sufficiency of the evidence challenge into a claim of misleading testimony.

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Filed Under: Dismissal, Grand Jury, Prosecutorial Misconduct Tagged With: Illinois Supreme Court

Prosecutors Get Fired Then Charged – What Happened?

October 23, 2024 By Samuel Partida, Jr.

People v. Trutenko, 2024 IL App (1st) 232333 (June). Episode 1063 (Duration 16:37)

On direct examination by the defense, the prosecutor revealed, for the first time, that he had a decades-long personal relationship with the snitch. 

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Filed Under: Prosecutorial Misconduct

Prosecutor Had A Duty To Correct Inaccurate Information Provided To The Grand Jury

April 11, 2024 By Samuel Partida, Jr.

People v. Basile, 2022 IL App (2d) 210740 (September). Episode 961 (Duration 5:42)

State had a duty to correct false testimony given in the grand jury room.

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Filed Under: Dismissal, Grand Jury, Prosecutorial Misconduct

Why It Can’t Be Too Easy To Challenge A Grand Jury Indictment

May 13, 2019 By Samuel Partida, Jr.

People v. Nolan, 2019 IL App (2d) 180354 (April). Episode 627 (Duration 9:29)

Trial judge grants defendant’s motion to dismiss the indictment in part because the officer did not testify in the hearing.

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Filed Under: Dismissal, Grand Jury, Prosecutorial Misconduct

Reversible Error For The State To Spring A Doctored Image Before The Jury

June 25, 2018 By Samuel Partida, Jr.

People v. Middleton, 2018 IL App (1st) 152040 (June). Episode 503 (Duration 17:07)

Here’s the photo…

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Filed Under: Eyewitness, Prosecutorial Misconduct

When Prosecution Tries To Get Into Police Steps In Their Investigation That’s The First Hint Something Improper Is Happening

April 4, 2017 By Samuel Partida, Jr.

People v. Ochoa, 2017 IL App (1st) 140204 (February). Episode 315 (Duration 29:55)

Defendant’s murder conviction is reversed a second time for the same reason it was reversed the first time (Cameron Hearing Problem).

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Filed Under: Accomplice Testimony, Hearsay, Prosecutorial Misconduct

Perogatory And Pejorative Name Calling During An Opening Statement Is Going To Draw A Reversal

November 15, 2016 By Samuel Partida, Jr.

People v. Jones, 2016 IL App (1st) 141008 (October). Episode 257 (Duration 6:59)

Big problems with this prosecutor’s opening statement.

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Filed Under: Opening Statement, Prosecutorial Misconduct

Prosecutor Gets Busted Stretching The Truth

March 14, 2016 By Samuel Partida, Jr.

People v. Weinke, 2016 IL App (1st) 141196 (March). Episode 148 (Duration 10:43)

“While we have no desire to impugn the ASA’s reputation, given the power and autonomy that prosecutors have over a criminal defendant’s fate, we cannot ignore what happened.”

[Read more…]

Filed Under: Prosecutorial Misconduct

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