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…]Replaying Video In Courtroom For The Jury Is Fine Says The Illinois Supreme Court
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…]Warning: Error Not To Give Defendant A Continuance
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…]Structural Error To Draw A Negative Inference For Refusing To Make A Statement In Allocution
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 moreJury Has To Be Allowed To Take Written Notes During The Trial
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…]Another DUI Video Viewed In Chambers: Is That A Problem?
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…]
This Is The Case That Will Change Your Mind About Playing Video For The Jury In A Courtroom
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…]
1st, 4th, And 5th Districts All Come Out Against The 3rd District And Their Kooky Video In The Courtroom Rule
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…]
Up To A Point Defendant Always Has The Right To Waive A Jury Trial
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…]
What Is Structural Error? You Have To Know It To Avoid It Illinois Examples Of Structural Error
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…]
These Judges Think Playing A Video In The Courtroom Is Really Really Bad
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…]
It’s Structural Error To Proceed With A Bench Trial Without A Knowing Waiver In Open Court
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.