Kane County Nuggets

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

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Speedy Trial Clock Does Not Automatically Start Just Because Defendant Files A Motion Outside of Court

October 30, 2024 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…]

Filed Under: Speedy Trial

Speedy Trial Violation Not Considered Structural Error

August 21, 2024 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…]

Filed Under: Speedy Trial, Structural Error Tagged With: Illinois Supreme Court

Speedy Trial Demand Was Never Made – But Let’s Look At Differences Between In Custody and Out of Custody Defendants

June 17, 2024 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…]

Filed Under: DUI, Joinder, Speedy Trial

Speedy Trial Blown When Trial Judge Takes More Than A Year To Issue Ruling On Motions In Limine

June 6, 2024 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…]

Filed Under: Speedy Trial

Speedy Trial Day Count Attribution May Be Revisited By The Judge If You Ask

May 3, 2024 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…]

Filed Under: Speedy Trial Tagged With: Illinois Supreme Court

Third District Sees A Speedy Trial Violation Where There Probably Isn’t One

February 28, 2024 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…]

Filed Under: DNA, Speedy Trial

Aggravated Discharge of a Firearm Is Shot Focused Not Victim Focused

February 22, 2024 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…]

Filed Under: Gun Crimes, Merging Counts, Speedy Trial Tagged With: Illinois Supreme Court, One Act-One Crime

The Traffic Citation Exception To The Compulsory Joinder Williams Rule Applies In The Third District Different Than In The Second District

February 12, 2024 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…]

Filed Under: Double Jeopardy, DUI, Joinder, Speedy Trial

Speedy Trial Problem With Later Charge Brings It All Down

February 5, 2024 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…]

Filed Under: Joinder, Speedy Trial Tagged With: Cumulative Error

Speedy Trial Delay Was Attributed To Defendant Even Though The Trial Date Was Not Actually Changed

January 18, 2024 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…]

Filed Under: Speedy Trial

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