By Samuel Partida, Jr.
People v. Forbes, 2024 IL App (3d) 230152 (August). Episode 1065 (Duration 7:27)
Until the court became aware of defendant’s motion to withdraw the Franks motion and was in a position to reset defendant’s case for trial, the speedy-trial period remained tolled for defendant pending his Franks motion.
[Read more…]By Samuel Partida, Jr.
People v. Marcum, 2024 IL 128687 (March). Episode 1037 (Duration 2:57)
We therefore hold that a violation of section 103-5 does not alone constitute plain error.
[Read more…]By Samuel Partida, Jr.
People v. Stevenson, 2023 IL App (3d) 220055 (July). Episode 1003 (Duration 7:14)
It is readily apparent from the record that no clear or obvious error occurred.
[Read more…]By Samuel Partida, Jr.
People v. Resser, 2023 IL App (3d) 210462 (May). Episode 996 (Duration 6:49)
Mere silence on the part of the defendant or failure to object to the State’s request for a delay does not amount to an agreement or waiver of the right to a speedy trial by the defendant.
[Read more…]By Samuel Partida, Jr.
People v. Cross, 2022 IL 127907 (November). Episode 976 (Duration 9:27)
Any language saying that a “delay”’ must be of a set trial date is incorrect and overruled.
[Read more…]By Samuel Partida, Jr.
People v. McKinstry, 2022 IL App (3d) 180598 (April). Episode 941 (Duration 7:49)
Third District compelled to find that due to the court’s erroneous ruling allowing the State to continue, a period of 33 days—should not be attributed to the defense.
[Read more…]By Samuel Partida, Jr.
People v. Hartfield, 2022 IL 126729 (April). Episode 937 (Duration 11:17)
One shot means one conviction no matter how many people defendant is shooting at.
[Read more…]By Samuel Partida, Jr.
People v. Rogers, 2021 IL 126163 (October). Episode 932 (Duration 7:35)
Pursuant to the rule announced in Kazenko, the additional delay was not attributable to the State, and the compulsory-joinder rule did not apply.
[Read more…]By Samuel Partida, Jr.
People v. Redmon, 2022 IL App (3d) 190167 (January). Episode 927 (Duration 7:31)
The State added later charges that were clearly based on the same conduct charged earlier which meant the speedy clock was blown for the those later, more serious charges.
[Read more…]By Samuel Partida, Jr.
People v. Cross, 2021 IL App (4th) 190114 (October). Episode 914 (Duration 11:49)
A “delay”—or, more precisely, a “delay attributable to the defendant”—means a delay of the speedy-trial term, with the effect of moving back that defendant’s discharge date.
[Read more…]