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Another COVID Shut-Down Case Saying Statutory Speedy Trial Not Violated

January 2, 2023 By Samuel Partida, Jr.

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…]

Filed Under: Speedy Trial Tagged With: COVID

COVID Continuances Do Not Violate Speedy Trial Statues

December 29, 2022 By Samuel Partida, Jr.

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…]

Filed Under: Speedy Trial

Is This A Typical DNA Speedy Trial Continuance?

October 21, 2022 By Samuel Partida, Jr.

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…]

Filed Under: DNA, Speedy Trial

Speedy Trial Violation Here Because Bodily Harm Is Not Expected From Insulting Or Provoking Contact

September 12, 2022 By Samuel Partida, Jr.

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…]

Filed Under: Battery, Speedy Trial

Counting Your Speedy Trial Days After An Election | Beware Of “Relate Back” Arguments

August 31, 2020 By Samuel Partida, Jr.

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…]

Filed Under: Speedy Trial

When By Agreement Doesn’t Mean By Agreement

June 15, 2020 By Samuel Partida, Jr.

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.

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Filed Under: Speedy Trial

This Is The Case To Know To Understand Compulsory Joinder

May 20, 2020 By Samuel Partida, Jr.

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.”

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Filed Under: Joinder, Speedy Trial

Editors Note: Something Ain’t Right In Moffett…

May 19, 2020 By Samuel Partida, Jr.

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…]

Filed Under: Speedy Trial

Remember People v. Moffett, What Is Going On?

May 19, 2020 By Samuel Partida, Jr.

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…]

Filed Under: Joinder, Speedy Trial

Compulsory Joinder Required That The Later Amended Charge Be Filed With The Original Charge

May 18, 2020 By Samuel Partida, Jr.

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.

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Filed Under: DUI, Joinder, Speedy Trial

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