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

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We Can Thin Out The Courtroom When A Child Victim Testifies In A Sex Case

December 28, 2022 By Samuel Partida, Jr.

People v. Schoonover, 2021 IL 124832 (December). Episode 849 (Duration 5:07)

725 ILCS 5/115-11 is a constitutionally valid way to remove most people from a courtroom when a child sex victim testifies.

[Read more…]

Filed Under: Structural Error, Trial Tagged With: Public Trial

Replaying Video In Courtroom For The Jury Is Fine Says The Illinois Supreme Court

September 29, 2022 By Samuel Partida, Jr.

People v. Hollahan, 2020 IL 125091 (September). Episode 821 (Duration 6:50)

Illinois Supreme Court reverses appellate court on appropriateness of allowing a jury to re-watch video in the courtroom.

[Read more…]

Filed Under: Jury Instructions, Structural Error Tagged With: Illinois Supreme Court, Video

Warning: Error Not To Give Defendant A Continuance

August 10, 2022 By Samuel Partida, Jr.

People v. Jenkins, 2020 IL App (1st) 172422 (August). Episode 809 (Duration 8:02)

Judge should have continued the case so that private counsel could file his appearance even though it was the day of trial.

[Read more…]

Filed Under: Structural Error

Structural Error To Draw A Negative Inference For Refusing To Make A Statement In Allocution

April 1, 2020 By Samuel Partida, Jr.

People v. Matute, 2020 IL App (2d) 170786 (February). Episode 757 (Duration 8:05)

Defendant’s chose to not make a sentence in allocution cannot be used against him at sentencing.

Read more

Filed Under: Aggravation, Structural Error

Jury Has To Be Allowed To Take Written Notes During The Trial

December 30, 2019 By Samuel Partida, Jr.

People v. Johnson, 2019 IL App (3d) 150352-B (December). Episode 719 (Duration 5:40)

Error to not allow the jury to take notes during a trial, but it’s not structural error.

[Read more…]

Filed Under: Structural Error, Trial

Another DUI Video Viewed In Chambers: Is That A Problem?

November 18, 2019 By Samuel Partida, Jr.

People v. Groebe, 2019 IL App (1st) 180503 (October). Episode 701 (Duration 6:23)

Another judge takes the DUI video into chambers and watches it there alone. [Read more…]

Filed Under: DUI, Structural Error

This Is The Case That Will Change Your Mind About Playing Video For The Jury In A Courtroom

October 15, 2019 By Samuel Partida, Jr.

People v. Cavitt, 2019 IL App (2d) 170149 (July). Episode 690 (Duration 20:28)

Second District sort sees the Third Districts point on playing video in the courtroom, but there was other problems with the way this judge did it. [Read more…]

Filed Under: Structural Error, Trial

1st, 4th, And 5th Districts All Come Out Against The 3rd District And Their Kooky Video In The Courtroom Rule

October 14, 2019 By Samuel Partida, Jr.

People v. Ryder, 2019 IL App (5th) 160027 (July); People v. Parker 2019 IL App (3d) 170108 (July); People v. Pacheco, 2019 IL App (3d) 150880 (July).  Episode 689 (Duration 11:25)

A series of video in the courtroom cases we should know about.
[Read more…]

Filed Under: Structural Error, Trial

Up To A Point Defendant Always Has The Right To Waive A Jury Trial

September 30, 2019 By Samuel Partida, Jr.

People v. Jordan, 2019 IL App (1st) 161848 (August). Episode 683 (Duration 7:14)

They started picking a jury then he wanted a bench trial and the judge said no. [Read more…]

Filed Under: Structural Error

What Is Structural Error? You Have To Know It To Avoid It Illinois Examples Of Structural Error

September 14, 2019 By Samuel Partida, Jr.

What Is Structural Error?

Structural error is the kind of trial mistake that is so bad the appellate court automatically reverses the conviction. [Read more…]

Filed Under: Structural Error

These Judges Think Playing A Video In The Courtroom Is Really Really Bad

July 17, 2019 By Samuel Partida, Jr.

People v. Hollahan, 2019 IL App (3d) 150556 (June). Episode 652 (Duration 12:40)

Third District structural error interpretation is a radical departure from the traditional way of playing a video for a jury. [Read more…]

Filed Under: DUI, Structural Error Tagged With: Jury, Public Trial, Structural Error

It’s Structural Error To Proceed With A Bench Trial Without A Knowing Waiver In Open Court

April 10, 2019 By Samuel Partida, Jr.

People v. Johnson, 2019 IL App (1st) 162517 (March).Episode 614 (Duration 11:45)

No valid jury waiver in the record even though he apparently signed the waiver form.

[Read more…]

Filed Under: Guilty Plea, Podcast, Structural Error

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