People v. McBride, 2022 IL App (4th) 220301 (December). Episode 853 (Duration 8:32)
Williams Rule means aggravated DUI count must be dismissed.
[Read more…]Another COVID Shut-Down Case Saying Statutory Speedy Trial Not Violated
People v. Ballard, 2022 IL App (1st) 210762 (December). Episode 852 (Duration 3:18)
Cook County follows 2nd District holding COVID delays do not violate statutory speedy trial rights.
[Read more…]COVID Continuances Do Not Violate Speedy Trial Statues
People v. Mayfield, 2021 IL App (2d) 200603 (December). Episode 851 (Duration 7:34)
Illinois Supreme Court COVID shut-down and continuances trump the speedy trial statue.
[Read more…]Is This A Typical DNA Speedy Trial Continuance?
People v. Curry, 2020 IL App (2d) 180148 (September). Episode 826 (Duration 4:34)
Gist
This was a sexual assault case with DNA evidence.
[Read more…]Speedy Trial Violation Here Because Bodily Harm Is Not Expected From Insulting Or Provoking Contact
People v. Isbell, 2020 IL App (3d) 180279 (September). Episode 817 (Duration 4:01)
Moffett says insulting and provoking contact is expected from bodily harm, but bodily harm is not necessarily expected from insulting or provoking contact.
[Read more…]Counting Your Speedy Trial Days After An Election | Beware Of “Relate Back” Arguments
People v. Meeks, 2020 IL App (2d) 180263 (July). Episode 802 (Duration 9:13)
No speedy trial violation here, speedy trial does not “jump back” after an election.
[Read more…]When By Agreement Doesn’t Mean By Agreement
People v. Ingram, 2020 IL App (2d) 180353 (June). Episode 785 (Duration 9:36)
Continuance was accurately attributed to the defendant so no speedy trial violation.
Read moreThis Is The Case To Know To Understand Compulsory Joinder
People v. Williams, 204 Ill. 2d 191, 207 (2003). Episode 775 (Duration 15:06)
This Illinois Supreme Court from 2003 helps us make sense of compulsory joinder, speedy trial issues and the so-called “Williams Rule.”
Read moreEditors Note: Something Ain’t Right In Moffett…
People v. Moffett, 2019 IL App (2d) 180964 (December). Episode 774 (Duration 12:55)
I strongely encourage you to listen to episode 730. You should find it right below this episode.
[Read more…]Remember People v. Moffett, What Is Going On?
People v. Moffett, 2019 IL App (2d) 180964 (December). Episode 730 (Duration 12:55)
Trial court erred when it granted this motion to dismiss based on a speedy trial violation.
[Read more…]Compulsory Joinder Required That The Later Amended Charge Be Filed With The Original Charge
People v. Rogers, 2020 IL App (3d) 180088 (May). Episode 773 (Duration 13:42)
Defense counsel should have filed a motion to dismiss based on a speedy trial violation.
Read moreState Blows Speedy Trial Even Though Defense Counsel Agreed To The Continuance
People v. Mooney, 2019 IL App (3d) 150607 (March). Episode 599 (Duration 9:21)
Agreeing to continuance was ineffective, outright reversal is the only remedy.
[Read more…]