Kane County Nuggets

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

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The Roadmap To Properly Charging Failure To Register As A Sex Offender (SORA) Cases

August 5, 2022 By Samuel Partida, Jr.

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…]

Filed Under: Indictment, SORA

A Different Perspective On Bringing As Applied Challenges

March 12, 2020 By Samuel Partida, Jr.

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.

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Filed Under: SORA

Does Bingham Create A Categorical Ban On All As-Applied Challenges?

March 10, 2020 By Samuel Partida, Jr.

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 more

Filed Under: SORA

State Not Allowed To Change Their Theory Of The Case On Appeal – Failure To Register As As A Sex Offender Reversed

November 14, 2018 By Samuel Partida, Jr.

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…]

Filed Under: Appeal, SORA

Supreme Court Puts To Bed As Applied Constitutional Challenges To Having To Register Under SORA

October 1, 2018 By Samuel Partida, Jr.

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…]

Filed Under: SORA

Another As Applied Challenge Results In An 18-Year Old Who Does Not Have To Register

August 27, 2018 By Samuel Partida, Jr.

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…]

Filed Under: SORA

Is The State Charging These SORA Cases All Wrong?

July 10, 2018 By Samuel Partida, Jr.

People v. Burchell, 2018 IL App (5th) 170079 (April). Episode 510 (Duration 9:59)

State’s SORA complaint was insufficient. [Read more…]

Filed Under: SORA

4 Illinois SORA (Sex Offender Registration Act) Cases To Know About

April 11, 2018 By Samuel Partida, Jr.

Episode 475 (Duration 26:13) Here are 4 cases on the Illinois Sex Offender Registration Act (SORA) You should know something about.  [Read more…]

Filed Under: Podcast, SORA

The “No Risk” v. “Low Risk” Conundrum For Juvenile Sex Offenders

February 5, 2018 By Samuel Partida, Jr.

In re T.J.D., 2017 IL App (5th) 170133 (November). Episode 449 (Duration 11:39)

Petitioner has to prove he poses “no risk” to reoffend even though evaluators never go beyond a “low risk” assessment. [Read more…]

Filed Under: SORA

Judge Can’t Order State Police To Remove Person From Sex Offender Registry

October 25, 2017 By Samuel Partida, Jr.

People v. McClenton, 2017 IL App (3d) 160387 (September). Episode 408 (Duration 6:55)

Judge can’t dismiss SORA charges or order ISP to remove a person from the sex offender registry. [Read more…]

Filed Under: SORA

Right To Petition To Terminate Obligation To Register As A Sex Offender Survives After A Subsequent Conviction

October 24, 2017 By Samuel Partida, Jr.

In re B.G., 2017 IL App (3d) 170144 (July). Episode 407 (Duration 5:24)

Defendant’s right to petition to end his sex offender registration was not terminated by his new offense. [Read more…]

Filed Under: SORA

In A SORA Prosecution The Duty To Register Must Be Proven By The State

October 23, 2017 By Samuel Partida, Jr.

People v. Jones, 2017 IL App (1st) 143718 (July). Episode 406 (Duration 8:56)

This SORA conviction is reversed because the state failed to prove defendant had a duty to register. [Read more…]

Filed Under: SORA

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