People v. Rutigliano, 2020 IL App (1st) 171729 (May). Episode 776 (Duration 9:37)
Weirdest case yet, dude loses his shit at a superbowl part and stabs a guy in the eye.
Read moreThe Illinois Homicide Statutes (The ILCS On First Degree Murder, Second Degree Murder And Involuntary Manslaughter)
The Illinois Homicide statutes (720 ILCS 5/9 et seq.) are summarized below:
[Read more…]What Is First Degree Murder?
Definition of first degree murder.
The essence of first degree murder is an intention killing or knowingly performing an act that leads to death even if death was not completely intended.
[Read more…]What Is Involuntary Manslaughter?
In Illinois involuntary manslaughter is an unintentional killing. It results when a person acts recklessly such that their conduct leads to the death of another individual.
[Read more…]What Is Second Degree Murder?
What Is Second Degree Murder?
Second degree murder is not a lesser included offense of first degree murder; it is a “lesser mitigated offense” of first degree murder.
[Read more…]Second Degree Murder Is Not An Automatic Transfer Offense So What Happens When Minor is “Acquitted” of First Degree Murder?
People v. Fort, 2017 IL 118966 (February). Episode 308 (Duration 9:57)
Illinois Supreme Court says State must charge second degree murder if they want to continue with adult sentencing after they lose a first degree murder count. [Read more…]
Don’t Beat-Up A Person With An Enlarged Heart If The Victim Dies That’s A Murder
People v. Doolan, 2016 IL App (1st) 141780 (November). Episode 263 (Duration 6:47)
Defendant is accountable for first degree murder because him and his buddies decided to start a fight with a victim with an enlarged heart. [Read more…]
Originally Charged With Second Degree Murder, Then Amended To First Degree Murder, Problem?
People v. Staake, 2016 IL App (4th) 140638 (November). Episode 260 (Duration 9:52)
Second degree murder is not a lesser included offense of first degree murder; it is a lesser mitigated offense of first degree murder. [Read more…]
Unique Attempted Murder Mitigation Involves Acting Under A Sudden And Intense Passion
People v. Taylor, 2016 IL App (1st) 141251 (October). Episode 253 (Duration 6:57)
Remanded for new sentencing to see if a class 1, sudden and intense passion resulting from serious provocation, sentencing is appropriate for this attempted murder conviction. [Read more…]
Felony Murder Cannot Eviscerate A Legitimate Case For Second Degree Murder
People v. O’Neal, 2016 IL App (1st) 132284 (September). Episode 239 (Duration 13:06)
Defendant shoots his own friend on accident but was acting under an unreasonable claim of self defense. [Read more…]
Another “One Punch” Murder Conviction Reversed For Lack Of Evidence
People v. Yeoman, 2016 IL App (3d) 140324 (June). Episode 201 (Duration 4:29)
Single blow second degree murder is vacated. [Read more…]
Single Blow With The Hand Does Not Create Strong Probability of Death
People v. Nibbe, 2016 IL App (4th) 140363 (February). Episode 151 (Duration: 2:35)
Second degree murder conviction is vacated because a blow with a bare hand is not ordinarily contemplated to cause death. [Read more…]