People v. Birge, 2021 IL 125644 (February). Episode 871 (Duration 3:56)
If you’re going to a full restitution hearing remember to enter something on restitution.
[Read more…]Be Careful With Victim Impact Statements In This DUI Death Case
People v. Larson, 2022 IL App (3d) 190482(January). Episode 870 (Duration 7:23)
16 victim impact statements was a bit too much and improper.
[Read more…]Restitution Findings Must Be Supported By The Record But Judge Need Not Make Express Findings
People v. D’Alise, 2022 IL App (2d) 210541 (January). Episode 857 (Duration 9:53)
Also, Illinois courts believe a defendant should not be allowed to profit from his crimes.
[Read more…]The Predicate Offenses in A Home Invasion Are Lesser Included Offenses
People v. Reveles-Cordova, 2020 IL 124797 (November). Episode 832 (Duration 11:44)
Illinois Supreme Court says a home invasion predicated on a rape is a single conviction and the rape, merges, as a lesser-included offense.
[Read more…]Life Sentence Is Constitutional If You Are A Mentally Disabled Sexual Recidivist
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.
Read moreRule Of Lenity Saves This Lady From 180 Days In Jail
People v. Rowell, 2020 IL App (4th) 190231 (April). Episode 766 (Duration 5:32)
Is 6 months jail a mandatory sentencing provision for a DUI when a child is in the car or is it a discretionary sentence?
Read moreStructural Error To Draw A Negative Inference For Refusing To Make A Statement In Allocution
People v. Matute, 2020 IL App (2d) 170786 (February). Episode 757 (Duration 8:05)
Defendant’s chose to not make a sentence in allocution cannot be used against him at sentencing.
Read moreSome Prior Adjudications Are Excluded From The Mandatory X Calculation
People v. Miles, 2020 IL App (1st) 180736 (January). Episode 740 (Duration 10:57)
Mandatory X sentence has to be brought back down to a class 2 felony because defendant was a juvenile when one of the predicate felonies was committed.
Read moreWatch Those Sex Offender Probation Terms They May Be Too Broad
People v. Morger, 2019 IL 123643 (November). Episode 713 (Duration 8:04)
Some outright ban of social media for sex offenders may be unconstitutional.
[Read more…]40 Years Or Less Imposed On A Juvenile Offender Does Not Constitute A De Facto Life Sentence
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…]
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