Kane County Nuggets

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

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Life Sentence Is Constitutional If You Are A Mentally Disabled Sexual Recidivist

June 10, 2020 By Samuel Partida, Jr.

People v. Coty, 2020 IL 123972 (June). Episode 784 (Duration 15:19)

Defendant’s with diminished mental capacity are eligible for life and de facto life sentences.

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Filed Under: Life Sentence

40 Years Or Less Imposed On A Juvenile Offender Does Not Constitute A De Facto Life Sentence

October 23, 2019 By Samuel Partida, Jr.

People v. Gunn, 2019IL App (1st) 170542 (September). Episode 694 (Duration 4:19)

Buffer says 40 years or less is not a de facto life sentence. [Read more…]

Filed Under: Life Sentence

40 Years Is A De Facto Life In Illinois

May 7, 2019 By Samuel Partida, Jr.

People v. Buffer, 2019 IL 122327 (April). Episode 625 (Duration 8:41)

Illinois Supreme Court says anything over 40 years is a de facto life sentence.

[Read more…]

Filed Under: Juvenile Justice, Life Sentence

Over 18 Years Of Age Disqualifies You From The Juvenile Sentencing Rules: But Their May Be A Small Exception

October 29, 2018 By Samuel Partida, Jr.

People v. Harris, 2018 IL 121932 (October). Episode 551 (Duration 14:08)

Illinois Supreme Court reveals the path 18-21 year olds should follow in order to have their their youthfulness considered as a factor at sentencing. [Read more…]

Filed Under: Juvenile Justice, Life Sentence

An Extension Of De Facto Life Sentences But Is It Proper?

October 10, 2018 By Samuel Partida, Jr.

People v. Rodriguez, 2018 IL App (1st) 160030 (September). Episode 457 (Duration 6:24)

Can defendant combine a sentence from an earlier crime with the sentence of a new crime to claim a de facto life sentence? [Read more…]

Filed Under: Juvenile Justice, Life Sentence

Intellectually Disabled Defendant’s Should Be Treated Like Minors When It Comes To Sentencing

August 21, 2018 By Samuel Partida, Jr.

People v. Coty, 2018 IL App (1st) 162383 (August). Episode 525 (Duration 7:56)

Defendant had an IQ between 55 and 65, his 50 year sentence was a life sentence, and he needs a new sentencing hearing. [Read more…]

Filed Under: Life Sentence

Updates With Discretionary Life Sentence For Youngsters And De Facto Life Sentences

November 7, 2017 By Samuel Partida, Jr.

People v. Holman, 2017 IL 120655 (September)
People v. Hoy, 2017 IL App (1st) 142596 (September)
People v. Evans, 2017 IL App (1st) 143562 (August). Episode 413 (Duration 10:27)

Defendant was 17 years old when he was given a discretionary life sentence, is he entitled to a new sentencing hearing? 

[Read more…]

Filed Under: Life Sentence

Two Youthful Offenders Two Different Sentences: Life Sentences For Young Defendants Becoming Less Common

January 12, 2017 By Samuel Partida, Jr.

People v. Harris, 2016 IL App (1st) 141744 (December) & People v. Horta, 2016 IL App (2nd)140714 (December). Episode 281 (Duration 12:32)

18 year old shooter gets a de facto life sentence of 76 years which shock the moral sense of the community (according to this appellate panel). While another 18 year old receives 59 years for a heinous murder that sticks. [Read more…]

Filed Under: Life Sentence

Avoid Ineffective Assistance of Counsel With Free Criminal Law Motion

October 31, 2014 By Samuel Partida, Jr.

People v. Brown, 2014 IL App (4th) 120887 (October).

In this case, trial counsel gave wrong sentencing information to his client charged with a double murder. [Read more…]

Filed Under: Ineffective Assistance, Life Sentence, Podcast

Life Sentence Mandatory For A Double Murder

October 31, 2014 By Samuel Partida, Jr.

People v. Brown, 2014 IL App (4th) 120887 (October).

In this case, trial counsel gave wrong sentencing information to his client charged with a double murder.

[Read more…]

Filed Under: Life Sentence

Habitual Criminal Act Requires Life Sentence For Nonviolent Drug Offender In Illinois

January 27, 2014 By Samuel Partida, Jr.

A life sentence for a nonviolent drug offender is discussed in Podcast Episode 006 of the Criminal Nuggets Podcast discusses. Is this an example of run-a-muck sentencing or is this justice? [Read more…]

Filed Under: Life Sentence

Habitual Criminal Act Requires Life Sentence For Nonviolent Drug Offender In Illinois

January 27, 2014 By Samuel Partida, Jr.

A life sentence for a nonviolent drug offender is discussed in Podcast Episode 006 of the Criminal Nuggets Podcast discusses. Is this an example of run-a-muck sentencing or is this justice?

[Read more…]

Filed Under: Life Sentence

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