People v. Johnson, 2019 IL 122956 (January). Episode 593 (Duration 10:10)
Defendant has to move to withdraw his plea if he wants to challenge a sentence that was within the agreed cap but where the judge relied on improper factors.
[Read more…]The One About Fines & Costs, Can’t Pay Due To Hardship, And There’s A Chart
People v. Barajas, 2018 IL App (3d) 160433 (November)
People v. Garza, 2018 IL App (3d) 160684 (November). Episode 562 (Duration 20:33)
Helpful links and an update on important fines & costs cases.
Over 18 Years Of Age Disqualifies You From The Juvenile Sentencing Rules: But Their May Be A Small Exception
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…]A Case To Consider As We Wait For The Van Dyke Sentencing
People v. Brewer, 2018 IL App (1st) 160155 (September). Episode 550 (Duration 19:17)
Defendant takes an officer’s gun and shoots and kills him as he is ending his shift, was the officer still on duty acting as an officer?
[Read more…]An Extension Of De Facto Life Sentences But Is It Proper?
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…]In A Drug Conspiracy State Has To Prove The Amount of Drugs Attributable To The Conspiracy
People v. Long, 2012018 IL App (4th) 150919 (August). Episode 535 (Duration 7:35)
Defendant is guilty of a conspiracy but the state had to prove how much meth they made with his camping fuel.
[Read more…]Intellectually Disabled Defendant’s Should Be Treated Like Minors When It Comes To Sentencing
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…]After An Appeal Generally A Court Cannot Impose A Harsher Sentence On The Remand
People v. Mischke, 2018 IL App (2d) 160472 (July). Episode 520 (Duration 8:14)
Defendant was resentenced to an aggregate sentence larger than his original sentence.
[Read more…]UUW Felon Does Not Merge With Armed Violence
People v. Brown, 2018 IL App (3d) 150070-B (July). Episode 519 (Duration 5:48)
UUW Felon does not merge with armed violence predicated on drug possession.
[Read more…]What’s The Best Way To Undo Some Improper Clerk Fines? (Helpful Fines & Costs Chart)
People v. Vara, 2018 IL 121823 (June). Episode 511 (Duration 8:45)
Supreme Court says appellate courts don’t have jurisdiction to fix improper fines imposed by the circuit clerk.
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