People v. Martin, 2024 IL App (4th) 240629 (December). Episode 1093 (Duration 10:19)
We see no reason why only the State, and not the victim, should be able to pursue contempt actions in a criminal case where restitution is ordered.
[Read more…]Attempt Murder Mitigation Requires Proportional Response For Defendant To Benefit From It
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…]Defendant Not Allowed To Add His EHM Credit After He Plead Guilty Without It
People v. Wells, 2024 IL 129402 (March). Episode 1034 (Duration 7:10)
Court declines defendant’s invitation to unilaterally modify the agreement by adding 208 days of EHM credit.
[Read more…]Escape Hatch Applies To Drug Induced Homicide Conviction
People v. Hoffman, 2023 IL App (2d) 230067 (December). Episode 1021 (Duration 9:30)
The escape hatch was created by legislators to give trial judges a chance to deviate from mandatory minimums and impose a sentence to get the defendant back to functioning in society as quickly as possible.
[Read more…]Does It Make Sense To Give Medical Marijuana License Holders A Pass On This Type of DUI?
People v. Lee, 2023 IL App (4th) 220779 (August). Episode 1006 (Duration 15:36)
We hold that section 11-501(a)(7) of the Vehicle Code did not violate equal protection at the time of defendant’s motor vehicle accident.
[Read more…]Felony Murder Requires The Commission Of A Forcible Felony That Requires Contemplation Of Violence
People v. Coleman, 2023 IL App (2d) 220008 (April). Episode 994 (Duration 8:50)
The test for a forcible felony under the residual clause is not whether the felony is normally classified as nonviolent, but whether, under the particular facts of the case, it was contemplated that violence might be necessary to enable the conspirators to carry out their common purpose.
[Read more…]Mandatory X Sentencing Has Been Giving A Hair Cut
People v. Stewart, 2022 IL 126116 (October). Episode 965 (Duration 8:48)
Defendant’s 2013 conviction for an offense committed when he was 17 years old was not a qualifying offense for Class X sentencing under the previous version of section 5-4.5-95(b) of the Code.
[Read more…]Aggravated Discharge of a Firearm Is Shot Focused Not Victim Focused
People v. Hartfield, 2022 IL 126729 (April). Episode 937 (Duration 11:17)
One shot means one conviction no matter how many people defendant is shooting at.
[Read more…]Bond on Bond Mandatory Consecutive Sentencing Is Now Dead Post Pre-Trial Fairness Act
People v. Johnson, 2021 IL App (2d) 180775 (March). Episode 884 (Duration 5:52)
Mandatory consecutive sentence improper if the defendant in a guilty plea is not accurratelly admonished on that consequence.
[Read more…]Restitution Record Should Include Amount, Ability to Pay, & Payment Schedule
People v. Hutt, 2022 IL App (4th) 190142 (January). Episode 872 (Duration 5:09)
If you are going to hearing on sentencing that includes restitution don’t forget proof of the amount, defendant’s ability to pay, and the exact payment schedule.
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