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

April 1, 2020 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/757.mp3

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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.

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Filed Under: Aggravation, Structural Error

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

December 30, 2019 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/719.mp3

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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.

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Filed Under: Structural Error, Trial

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

November 18, 2019 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/701.mp3

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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.

http://traffic.libsyn.com/criminalnuggets/690.mp3

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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.

http://traffic.libsyn.com/criminalnuggets/689.mp3

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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.

http://traffic.libsyn.com/criminalnuggets/683.mp3

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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

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Consent Enhancement Expert Guilty Plea Gun Add-On Jury Jury Instructions Mistake of Law Probable Cause Public Trial Reasonable Suspicion SCOTUS Structural Error Sufficiency of the Evidence Traffic Stop Warrant

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Consent Enhancement Expert Guilty Plea Gun Add-On Jury Jury Instructions Mistake of Law Probable Cause Public Trial Reasonable Suspicion SCOTUS Structural Error Sufficiency of the Evidence Traffic Stop Warrant

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