Kane County Nuggets

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

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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

State Blows Speedy Trial Even Though Defense Counsel Agreed To The Continuance

April 1, 2020 By Samuel Partida, Jr.

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.

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Filed Under: Speedy Trial

Williams Rule Modified A Bit Here

January 22, 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.

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Filed Under: Joinder, Speedy Trial

Speedy Trial Differences Between In Custody and Out Of Custody Defendants

April 18, 2018 By Samuel Partida, Jr.

People v. Jones, 2018 IL App (1st) 151307 (March). Episode 478 (Duration 11:04)

Defendant didn’t make a clear unequivocal demand for trial so it counts as a date by agreement.

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Filed Under: Speedy Trial

DUI Dismissed After State Trooper Consistently Does Not Come To Court

October 17, 2017 By Samuel Partida, Jr.

People v. Connors, 2017 IL App (1st) 162440 (September). Episode 404 (Duration 9:32)

DUI dismissed because prosecutor did not show due diligence in getting the trooper to court for trial.

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Filed Under: Dismissal, DUI, Speedy Trial

Additional Charges Filed More Than 120 Days After The Original Charges Might Be A Violation of Speedy Trial Statute

August 29, 2017 By Samuel Partida, Jr.

People v. Dalton, 2017 IL App (3d) 150213 (June). Episode 384 (Duration 5:52)

Defendant was charged with additional sex crimes more than 120 days after his first two original counts were charged.

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Filed Under: Joinder, Speedy Trial

A Right To A Speedy Trial Includes A Statutory Right And A Constitutional Right

October 6, 2016 By Samuel Partida, Jr.

People v. Kilcauski, 2016 IL App (5th) 140526 (August). Episode 241 (Duration 9:02)

Constitutional and statutory speedy trial right violations occurred from these unique facts.

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Filed Under: Speedy Trial

Speedy Trial Violation Occurs Here Where Defendant Was “Held” For Multiple Offenses

July 23, 2016 By Samuel Partida, Jr.

People v. Smith, 2016 IL App (3d) 140235 (June). Episode 205 (Duration 7:12)

Conviction for aggravated criminal sexual abuse is reversed to speedy trial violation.

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Filed Under: Speedy Trial

Judge Denies Motion To Continue To Pursue Lynch Material (Case Study in Litigation Decisions)

July 20, 2016 By Samuel Partida, Jr.

People v. Gibbs, 2016 IL App (1st) 140785 (June). Episode 202 (Duration 7:56)

Was it error for the judge to deny defendant’s motion to continue the trial so he could build up his Lynch material?

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Filed Under: Self Defense, Speedy Trial

Speedy Trial Right Comes With A Big Pause Button: Generally Any Litigation Started By Defendant Stops The Clock

May 24, 2016 By Samuel Partida, Jr.

People v. Lilly, 2016 IL App (3d) 140286 (April). Episode 173 (Duration 7:44)

What happens when defendant demands a trial within 120 days but continues to file motions?

[Read more…]

Filed Under: Speedy Trial

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