People v. Sweigart, 2021 IL App (2d) 180543 (February). Episode 807 (Duration 13:37)
The language in the charging instrument effects exactly what the state does and does not have to prove in a SORA violation case.
[Read more…]How Do You Know When A Child Porn Picture Is Lewd Or Lascivious?
People v. Barger, 2020 IL App (3d) 160316 (August). Episode 806 (Duration 5:22)
Child porn conviction must be reversed because the picture was not lewd or lascivious.
[Read more…]Sex Offender At A Park Remains Unlawful Notwithstanding The Reason For Being There
People v. Legoo, 2020 IL 124965 (June). Episode 792 (Duration 9:56)
Conflicting statutes on sex offenders in a park aren’t really conflicting.
Read moreA Different Perspective On Bringing As Applied Challenges
People v. Rodriguez, 2019 IL App (1st) 151938-B (March). Episode 748 (Duration 7:30)
This first district court said Bringham does not preclude all as applied constitutional challenges.
Read moreDoes Bingham Create A Categorical Ban On All As-Applied Challenges?
People v. Kochevar, 2020 IL App (3d) 140660-B (February). Episode 747 (Duration 9:00)
3rd District Say Bingham prevents any kind of as-applied constitutional challenge to the SORA requirement.
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…]The Crime Of Revenge Porn Remains Constitutional In Illinois
People v. Austin, 2019 IL 123910 (October). Episode 697 (Duration 11:52)
Revenge porn statute is constitutional. [Read more…]
Butt In The Box Rule Means Your Available For Cross Examination: Availability Doesn’t Require Answering Too Many Questions
People v. Smith, 2019 IL App (3d) 160631 (March). Episode 619 (Duration 14:06)
Kid is available for cross even though they don’t remember the actual allegation of sexual abuse.
State Not Allowed To Change Their Theory Of The Case On Appeal – Failure To Register As As A Sex Offender Reversed
People v. Kindelspire, 2018 IL App (3d) 150803 (October). Episode 559 (Duration 13:50)
Failure to register conviction is overturned when state changes their theory of the case on appeal. [Read more…]
Supreme Court Puts To Bed As Applied Constitutional Challenges To Having To Register Under SORA
People v. Bingham, 2018 IL 122008 (September). Episode 542 (Duration 9:17)
Appellate court has no jurisdiction to waive a sex offender registration requirement. [Read more…]
Another As Applied Challenge Results In An 18-Year Old Who Does Not Have To Register
People v. Kochevar, 2018 IL App (3d) 140660 (August). Episode 527 (Duration 8:40)
Another Romeo and Juliet Defender escapes from having to register as a sex offender. [Read more…]
Is The State Charging These SORA Cases All Wrong?
People v. Burchell, 2018 IL App (5th) 170079 (April). Episode 510 (Duration 9:59)
State’s SORA complaint was insufficient. [Read more…]