Kane County Nuggets

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

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Rare Blood Disease Does Not Constitute Extraordinary Circumstance In This Aggravated DUI

May 1, 2018 By Samuel Partida, Jr.

People v. Lawson, 2018 IL App (4th) 170105 (March). Episode 483 (Duration 8:25)

Defendant had a rare blood condition, that was not considered an extraordinary circumstance.

[Read more…]

Filed Under: DUI, Probation

What Does Lesser Includeds Have To Do With One Act – One Crime Principles?

March 26, 2018 By Samuel Partida, Jr.

People v. Curry, 2018 IL App (1st) 152616 (February). Episode 467 (Duration 8:24)

The possession with intent to deliver should have been vacated when he was convicted of armed violence (lesser included offense counts as same act).

[Read more…]

Filed Under: Consecutive, Merging Counts Tagged With: One Act-One Crime

Armed Habitual Criminal and Armed Violence Convictions Stand As Separate Convictions Without Merging

March 21, 2018 By Samuel Partida, Jr.

People v. Coats, 2018 IL 121926 (January). Episode 466 (Duration 7:24)

One Act – One Crime principles needed a little cleaning up.

[Read more…]

Filed Under: Merging Counts Tagged With: One Act-One Crime

A Single Punch To The Gut And Means There Was Just One Robbery

February 7, 2018 By Samuel Partida, Jr.

People v. Smith, 2017 IL App (1st) 151312 (October). Episode 451 (Duration 10:59)

One act – One crime principles will save this defendant 6 years.

[Read more…]

Filed Under: Merging Counts Tagged With: One Act-One Crime, Single Punch

Blunt Smoking And Social Media Ban Put On Gang Member On Probation Passes Constitutional Muster

January 22, 2018 By Samuel Partida, Jr.

In re R.H., 2017 IL App (1st) 171332 (December). Episode 443 (Duration 6:24)

Minor prevented from having contact with gang members and can’t post gang and drug stuff on social media.

[Read more…]

Filed Under: Probation

What Defendants Need To Know About The Presentence Investigation (PSI)

January 16, 2018 By Samuel Partida, Jr.

People v. Woods, 2018 IL App (1st) 153323 (December). Episode 581 (Duration 8:55)

Defendant was ordered to cooperate with the PSI and the judge turned around and used what he said against him.

[Read more…]

Filed Under: Miranda, Sentencing

Overly Broad Probation Term Said No Gang Contact

January 16, 2018 By Samuel Partida, Jr.

In re Omar F., 2017 IL App (1st) 171073 (October). Episode 441 (Duration 6:38)

This probation term of “no gang contact” was overly broad.

[Read more…]

Filed Under: Probation

A Constitutional Claim To Minimize The Sentence For A Nonviolent Repeat Offender

December 20, 2017 By Samuel Partida, Jr.

People v. Allen, 2017 IL App (1st) 151540 (December). Episode 430 (Duration 9:24)

10 and a half years for burglary to a car are reduced to six years because the second division in the first district says so.

[Read more…]

Filed Under: Burglary, Mandatory X

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

Judges In Illinois Are Required To Explain MSR or Parole Term During Plea Hearing

September 26, 2017 By Samuel Partida, Jr.

People v. Boykins, 2017 IL 121365 (September). Episode 395 (Duration 9:31)

Defendant really thought the judge needed to spell out the MSR terms.

[Read more…]

Filed Under: Sentencing

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Categories

  • Accountability
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