People v. Haynes, 2024 IL 129795 (November). Episode 1081 (Duration 20:08)
Under 720 ILCS 5/8-4(c)(1)(E), proportionality therefore remains a relevant consideration in determining whether mutual combat applies.
[Read more…]By Samuel Partida, Jr.
People v. Haynes, 2024 IL 129795 (November). Episode 1081 (Duration 20:08)
Under 720 ILCS 5/8-4(c)(1)(E), proportionality therefore remains a relevant consideration in determining whether mutual combat applies.
[Read more…]By Samuel Partida, Jr.
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 moreBy Samuel Partida, Jr.
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…]By Samuel Partida, Jr.
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…]By Samuel Partida, Jr.
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…]By Samuel Partida, Jr.
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…]By Samuel Partida, Jr.
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…]By Samuel Partida, Jr.
People v. Yeoman, 2016 IL App (3d) 140324 (June). Episode 201 (Duration 4:29)
Single blow second degree murder is vacated.
[Read more…]By Samuel Partida, Jr.
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…]By Samuel Partida, Jr.
People v. Viramontes, 2014 IL App (1st) 130075 (September). Episode 028.
Second degree murder sudden and intense passion is a legal excuse reducing the punishment for murder. However, the long recognized example of walking in on your spouse during an affair is not the same thing as merely finding text messages of the affair.