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…]Relationship Between Involuntary Intoxication And Second Degree Murder
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 moreSecond 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…]Second Degree Murder Sudden And Intense Passion Does Not Mean Finding Sexually Explicit Text Messages Between Your Wife and Her Lover
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.