Kane County Nuggets

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

Batson Challenge Not Properly Rebutted When Potential Juror Had Superficial Police Contacts

November 9, 2022 By Samuel Partida, Jr.

People v. Bradshaw, 2020 IL App (3d) 180027 (December). Episode 837 (Duration 6:06)

Prosecutor said the potential juror had some criminal contacts and arrests, at least some ordinance violations.

[Read more…]

Filed Under: Batson

Psychotic Break Does Not Absolve Defendant of Murder

August 18, 2022 By Samuel Partida, Jr.

People v. Plackowska, 2020 IL App (2d) 171015 (August). Episode 811 (Duration 12:18)

Even the state acknowledged defendant likely suffered a psychotic break from reality, but she is still guilty of first degree murder.

[Read more…]

Filed Under: Insanity Defense

Illinois Supreme Court On Public Trial And Clearing The Courtroom

June 29, 2020 By Samuel Partida, Jr.

People v. Radford, 2020 IL 123975 (June). Episode 791 (Duration 11:05)

Judge closed the courtroom during jury selection but left a good record on why he did it.

[Read more…]

Filed Under: Trial

Drug Overdose Immunity Enforced In The 3rd District

May 29, 2020 By Samuel Partida, Jr.


People v. Markham
, 2019 IL App (3d) 180071 (April)
. Episode 626 (Duration 7:32)

State says overdose immunity should not kick in since defendant was feeling good enough to ask for his wallet and keys.

[Read more…]

Filed Under: Immunity

Is It Constitutional To Accept Children’s Testimony Through Closed Circuit Television?

May 26, 2020 By Samuel Partida, Jr.

People v. Pope, 2020 IL App (4th) 180773 (May). Episode 777 (Duration 6:49)

Here we have a clear statement from the court on the constitutionality of video evidence in child sex cases.

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Filed Under: Confrontation

Relationship Between Involuntary Intoxication And Second Degree Murder

May 25, 2020 By Samuel Partida, Jr.

People v. Rutigliano, 2020 IL App (1st) 171729 (May). Episode 776 (Duration 9:37)

Weirdest case yet, dude loses his shit at a superbowl part and stabs a guy in the eye.

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Filed Under: Second Degree Murder, Self Defense

Is It Ever Within Sound Trial Strategy To NOT Give A Closing Argument?

May 6, 2020 By Samuel Partida, Jr.

People v. Pratt, 2020 IL App (1st) 161085 (March). Episode 769 (Duration 7:27)

Craig’s List Roomate: Defense counsel make no closing argument is that per se ineffective assistance?

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Filed Under: Closing Argument, Ineffective Assistance

Corpus Delicti Definition And The Corpus Delicti Rule In Criminal Cases

April 6, 2020 By Samuel Partida, Jr.

Corpus Delicti Definition

Corpus Delict Definition: “The Body Of The Crime”
Corpus delicti definition: corpus delicti is a Latin term that literally translates to “body of the crime.”
[Read more…]

Filed Under: Trial

Prosecutor Can’t Compare Defendant Who Went To Trial With Codefendant Who Took Responsibility

March 31, 2020 By Samuel Partida, Jr.

People v. Williams, 2020 IL App (1st) 163417 (February). Episode 756 (Duration 17:26)

An example of what not to say in closing argument.

[Read more…]

Filed Under: Closing Argument

Closing Argument Examples

March 22, 2020 By Samuel Partida, Jr.

Crafting a persuasive closing argument in a criminal trial is as much knowing what not to say as it is knowing what to say or how to say it.

[Read more…]

Filed Under: Closing Argument

The State Royally Screws Up This Stipulation In An Aggravated DUI Case With A Fatality

March 16, 2020 By Samuel Partida, Jr.

People v. Petty, 2020 IL App (3d) 180011 (March). Episode 749 (Duration 13:11)

Another bad stipulation leads to a reversal of an Aggravated DUI involving a death and 9 year sentence.

Read more

Filed Under: DUI, Stipulation

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