Kane County Nuggets

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

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Attempt Murder Mitigation Requires Proportional Response For Defendant To Benefit From It

December 12, 2024 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. 

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Filed Under: Mitigation, Second Degree Murder Tagged With: Illinois Supreme Court

Relationship Between Involuntary Intoxication And Second Degree Murder

May 25, 2020 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.

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Filed Under: Second Degree Murder, Self Defense

Second Degree Murder Is Not An Automatic Transfer Offense So What Happens When Minor is “Acquitted” of First Degree Murder?

March 14, 2017 By 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.

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Filed Under: Juvenile Justice, Second Degree Murder

Don’t Beat-Up A Person With An Enlarged Heart If The Victim Dies That’s A Murder

November 29, 2016 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.

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Filed Under: Second Degree Murder Tagged With: Single Punch

Originally Charged With Second Degree Murder, Then Amended To First Degree Murder, Problem?

November 22, 2016 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.

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Filed Under: Indictment, Joinder, Second Degree Murder

Unique Attempted Murder Mitigation Involves Acting Under A Sudden And Intense Passion

November 8, 2016 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.

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Filed Under: Mitigation, Second Degree Murder

Felony Murder Cannot Eviscerate A Legitimate Case For Second Degree Murder

October 3, 2016 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.

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Filed Under: Felony Murder, Second Degree Murder

Another “One Punch” Murder Conviction Reversed For Lack Of Evidence

July 19, 2016 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.

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Filed Under: Second Degree Murder Tagged With: Single Punch

Single Blow With The Hand Does Not Create Strong Probability of Death

March 22, 2016 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.

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Filed Under: Second Degree Murder Tagged With: Single Punch

Second Degree Murder Sudden And Intense Passion Does Not Mean Finding Sexually Explicit Text Messages Between Your Wife and Her Lover

November 13, 2014 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.

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Filed Under: Second Degree Murder

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