By Samuel Partida, Jr.
People v. Marshall, 2025 IL App (4th) 240368 (March). Episode 1105 (Duration 11:10)
Error to admit defendant’s ex-girlfriend’s testimony about her text messages from suspect because the statements at issue were unrelated to the charges against him.
[Read more…]By Samuel Partida, Jr.
People v. Maillet, 2019 IL App (2d) 161114 (July). Episode 1086 (Duration 9:11)
The legislature’s intent undoubtedly was to protect the privacy rights of the person who was video recorded without that person’s consent in that person’s residence, where that person would have an increased expectation of privacy, regardless of the residence of the person who made the recording.
[Read more…]By Samuel Partida, Jr.
People v. Moeller, 2024 IL App (2d) 230043 (May). Episode 1048 (Duration 12:20)
Section 11-23.5(a) categorizes “any bondage” as “ ‘[s]exual activity.’ ” 720 ILCS 5/11-23.5(a) (West 2016).
[Read more…]By Samuel Partida, Jr.
People v. Johanson, 2024 IL 129425 (April). Episode 1043 (Duration 13:37)
The legislature could have reasonably believed that contact between the sex organ or anus of the defendant and a child victim required a more severe penalty.
[Read more…]By Samuel Partida, Jr.
People v. Houston, 2024 IL App (3d) 210324 (March). Episode 1042 (Duration 6:34)
Mistake-of-age is not an available defense to a charge of predatory criminal sexual assault of a child.
[Read more…]By Samuel Partida, Jr.
People v. Devine, 2023 IL 128438 (December). Episode 1020 (Duration 10:13)
For dissemination the focus must be on whether a person spreads the images to a person whom the victim did not wish to have them. For identifiability relying on information outside the contents of the image or immediate text is reading an element into the statute that is not there.
[Read more…]By Samuel Partida, Jr.
People v. Parlier, 2023 IL App (4th) 220091 (February). Episode 981 (Duration 17:07)
People with an interest in child pornography tend to hoard their materials and retain them for a long time.
[Read more…]By Samuel Partida, Jr.
People v. McKown, 2022 IL 127683 (November). Episode 974 (Duration 10:34)
Conviction here sustained on images of young girls from parenting magazines, with slits into their mouths, and pasted pictures of erect penises into the slits.
[Read more…]By Samuel Partida, Jr.
People v. Libricz, 2022 IL 127757 (November). Episode 973 (Duration 6:57)
Although defective, counts VI and VIII put defendant on notice that the alleged sexual penetration was criminal and allowed him to prepare a defense.
[Read more…]By Samuel Partida, Jr.
People v. Kidd, 2022 IL 127904 (November). Episode 972 (Duration 7:03)
This case shows why courts must dismiss the indictment before trial when the charging instrument fails to set forth all the elements of the offense.
[Read more…]