Kane County Nuggets

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

  • Episodes
  • Contact
  • Home
  • Login

Voluntary Intoxication Is Not An Affirmative Defense BUT Defense Can Use It To Negate A Specific Intent

July 15, 2024 By Samuel Partida, Jr.

People v. Grayer, 2023 IL 128871 (December). Episode 1019 (Duration 8:14)

Although no longer recognized as an affirmative defense, we hold that the legislature’s decision to amend section 6-3 does not serve as a categorical bar to presenting evidence of voluntary intoxication as a means of attacking the State’s claim that defendant had the requisite specific intent to commit the charged offense.

[Read more…]

Filed Under: Affirmative Defense Tagged With: Illinois Supreme Court, Voluntary Intoxication

Vehicular Hijacking Defense Consisted Of Being Too Intoxicated To Form Intent

April 3, 2024 By Samuel Partida, Jr.

People v. Grayer, 2022 IL App (1st) 210808 (July). Episode 954 (Duration 6:29)

The Slabon court’s reliance on Cunningham for the proposition that a defendant’s voluntary intoxication may be relevant where it is so extreme as to “suspend entirely the power of reasoning,” such that a defendant is incapable of forming a specific intent or malice, is misplaced. 

[Read more…]

Filed Under: Affirmative Defense, Vehicular Hijacking Tagged With: Sufficiency of the Evidence, Voluntary Intoxication

Illinois Supreme Court Says What On Entrapment

March 19, 2024 By Samuel Partida, Jr.

People v. Lewis, 2022 IL 126705 (June). Episode 948 (Duration 4:57)

Once defendant sufficiently raises an entrapment defense, the entrapment statute requires the State to prove (1) defendant was predisposed and (2) the government agents merely afforded him the opportunity or facility for committing the offenses. 720 ILCS 5/7-12 (West 2014).

[Read more…]

Filed Under: Affirmative Defense, Grooming Tagged With: Entrapment, Illinois Supreme Court

Defense Of Property Is Different Than Defense Of Person

March 5, 2024 By Samuel Partida, Jr.

People v. Yanez, 2022 IL App (3d) 200007 (May). Episode 945 (Duration 7:03)

Cases involving threats to persons inside a dwelling are governed by different standards, and it is far easier to establish a defense in such cases. 

[Read more…]

Filed Under: Affirmative Defense, Self Defense

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: Affirmative Defense, Closing Argument Tagged With: Cumulative Error

AUUW Invitee Provision is an Affirmative Defense In Illinois: Can’t Be Convicted If You Have Permission To Have A Gun On Friend’s Properety

January 8, 2016 By Samuel Partida, Jr.

People v. Tolbert, 2016 IL 117846 (January). Episode 137 (Duration 3:45)

AUUW liability by a person under 21 can be avoided if the minor is “on the land or in the legal dwelling of another person as an invitee with that person’s permission.” [Read more…]

Filed Under: Affirmative Defense, UUW

Impossibility Defense Is An Affirmative Defense That Must Be Plead By Defendant

January 15, 2015 By Samuel Partida, Jr.

See People v. Costello, 2014 IL App (3d) 121001 (October). Episode 044 (Duration 12:42)

The Impossibility Defense is an affirmative defenses that must be raised in the first instance by the accused. The burden shifts to the State when the issue is first raised.

[Read more…]

Filed Under: Affirmative Defense

Categories

  • Accountability
  • Aggravated Battery
  • Appeal
  • Bail
  • Battery
  • Burglary
  • Charges
  • Confession
    • Attenuation
    • Miranda
    • Voluntary
  • Conflict Of Interest
  • Constitutional
  • Contempt Of Court
  • Criminal Possession
  • Discovery
  • Dismissal
  • Disorderly Conduct
  • Double Jeopardy
  • DUI
    • Actual Physical Control
    • Blood
    • DRE
    • Field Sobriety Tests
    • Proximate Cause
    • Suspension
  • Evidence
    • 115-10
    • Accomplice Testimony
    • DNA
    • Expert
    • Eyewitness
    • Hearsay
    • Opinion
    • Other Crimes
    • Over Hear
    • Prior Consistent Statement
    • Privilege
    • Silent Witness
    • Surveillance Privilege
  • Expungement
  • Felony Murder
  • Fitness For Trial
  • Grand Jury
  • Guilty Plea
  • Gun Crimes
    • Armed Habitual Criminal
    • Armed Violence
    • Reckless Discharge
    • UUW
  • Immigration
  • Indictment
  • Ineffective Assistance
    • Krankel Hearing
  • Joinder
  • Judicial Bias
  • Jury Instructions
  • Juvenile Justice
  • Lesser-Included
  • Mental State
    • Knowing
    • Recklessness
    • Sexual Gratification
  • Notice Requirement
  • Obstructing Justice
  • Postconviction Petition
  • Pre-Trial Detention
  • Procedure
  • Professional Responsibility
    • Conflict Of Interest
  • Prosecutorial Misconduct
  • Resisting Arrest
  • SCOTUS
  • Search & Seizure
    • Anonymous Tip
    • Community Care Taking
    • Consent To Search
    • Drug Dog
    • Exigent Circumstances
    • Good Faith Exception
    • Mistake of Law
    • Pat Down
    • Plain View
    • Probable Cause
    • Reasonable Suspicion
    • Search Incident To Arrest
    • Strip Search
    • Traffic Stop
    • Warrant
  • Second Degree Murder
  • Sentencing
    • Aggravation
    • Consecutive
    • Credit For Time Served
    • Dangerous Weapon
    • Enhancement
    • Extended Term
    • Fines & Fees
    • Forcible Felony
    • Gun Add-On
    • Life Sentence
    • Mandatory X
    • Merging Counts
    • Mitigation
    • Probation
    • Restitution
  • Sex Case
    • Child Porn
    • Grooming
    • SORA
  • Speedy Trial
  • Statute of Limitations
  • Structural Error
  • Threatening A Public Official
  • Trial
    • Affirmative Defense
    • Batson
    • Closing Argument
    • Confrontation
    • Immunity
    • Impeachment
    • Insanity Defense
    • Jury
    • Necessity Defense
    • Opening Statement
    • Pretrial Publicity
    • Self Defense
    • Stipulation
  • Vehicular Hijacking
  • Warrant

Tags

Car Search Cell Phone Collective Knowledge constructive possession Corpus Delicti Cumulative Error Defaced Firearm Domestic Violence Drug Induced Homicide Drugs Enhancement Entrapment Excited Utterance Expert Force Forfeiture by Wrongdoing Gang Evidence Gun Add-On Illinois Supreme Court Inventory Search Investigative Alert Jury Instructions Lynch Material Mistrial Nonconsensual Dissemination Odor of Cannabis One Act-One Crime Passenger Polling Jury PowerPoint Probable Cause Public Trial Retrograde Extrapolation Single Punch Social Media SOJ Stipulated Bench Trial Structural Error Sufficiency of the Evidence Traffic Stop Trespass Vehicular Invasion Video Voluntary Intoxication Warrant

Copyright © 2025 ● Disclaimer