Kane County Nuggets

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

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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.

Read more

Filed Under: Confrontation

Butt In The Box Rule Means Your Available For Cross Examination: Availability Doesn’t Require Answering Too Many Questions

April 23, 2019 By Samuel Partida, Jr.

People v. Smith, 2019 IL App (3d) 160631 (March). Episode 619 (Duration 14:06)

Kid is available for cross even though they don’t remember the actual allegation of sexual abuse.

[Read more…]

Filed Under: 115-10, Confrontation, Sex Case

State Needs To Bring In A Body To Admit Certification Letter From Illinois State Police

November 19, 2018 By Samuel Partida, Jr.

People v. Stewart, 2018 IL App (3d) 160205 (November). Episode 560 (Duration 5:23)

You got to object when they try to admit the gun letter. [Read more…]

Filed Under: Confrontation, Hearsay

Judge Gets A Little Too Involved With Kid On The Stand When He Allows The Child To Whisper The Testimony

February 6, 2018 By Samuel Partida, Jr.

In re T.Z., 2017 IL App (4th) 170545 (December). Episode 450 (Duration 10:35)

7 year old victim is allowed to whisper the damaging testimony to the judge who then repeated the statement for the record. [Read more…]

Filed Under: Confrontation, Sex Case

What’s The Least A Witness Can Say And Still Be Present And Available For Cross?

December 28, 2017 By Samuel Partida, Jr.

People v. Dabney, 2017 IL App (3d) 140915 (October). Episode 433 (Duration 8:44)

Kid didn’t testify about some of the acts.

[Read more…]

Filed Under: Confrontation

Prosecutors May Have To Rethink Gun Convictions After This Confrontation Clause Ruling

June 16, 2016 By Samuel Partida, Jr.

People v. Diggins, 2016 IL App (1st) 142088 (May). Episode 182 (Duration 5:14)

Is an Illinois State Police certified letter saying Defendant has no FOID testimonial in nature? [Read more…]

Filed Under: Confrontation, Evidence, Podcast

Witness Can Be Available Under Crawford But Unavailable Under State Statute

January 5, 2016 By Samuel Partida, Jr.

People v. Burnett, 2015 IL App (1st) 133610 (December 2010). Episode 123 (Duration 8:45)

Defendant was not denied his constitutional right to confrontation when the domestic violence victim testified she did not remember the incident. [Read more…]

Filed Under: Confrontation, Hearsay

Are DNA Analysis Reports Testimonial Statements Under Crawford?

January 22, 2015 By Samuel Partida, Jr.

See People v. Barner, 2015 IL 16949 (April). Episode 068 (Duration 27:00)

Testimonial statements under Crawford have a simple rule. The person making the statement must be in court and available for cross-examination. [Read more…]

Filed Under: Confrontation

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