Kane County Nuggets

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

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Disruptive Pro Se Defendant Gets A New Trial | Going Pro Se Doesn’t Mean You Waive Every Other Right

October 16, 2024 By Samuel Partida, Jr.

People v. Turner, 2024 IL App (1st) 211648 (July). Episode 1059 (Duration 14:58)

Pro Se guy about to get thrown out of court during jury selection should be admonished he’ll be without representation in the courtroom or standby counsel should be appointed.

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Filed Under: Jury, Structural Error

Not Allowing Defendant To Make Preemptory Strikes During Jury Selection Is Structural Error

October 4, 2024 By Samuel Partida, Jr.

People v. Prince, 2024 IL App (2d) 230027 (July). Episode 1057 (Duration 9:31)

Defendant clearly attempted to exercise a peremptory challenge immediately after the State accepted and tendered the panel back to the trial court, which ignored defendant’s challenge.

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Filed Under: Jury, Structural Error

Error Not To Declare A Mistrial In This Potential Hung Jury Situation

April 18, 2024 By Samuel Partida, Jr.

People v. Richardson, 2022 IL App (2d) 210316 (October). Episode 966 (Duration 13:44)

The trial court abused its discretion when it failed to grant defendant’s motion for a mistrial after the jury subsequently indicated it could not agree.

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Filed Under: Jury Tagged With: Mistrial

A Better Way To Think About Inconsistent Verdict Cases

November 25, 2019 By Samuel Partida, Jr.

People v. Alexander, 2017 IL App (1st) 142170 (June), People v. Brown, 2017 IL App (3d) 140514 (May), and People v. Washington, 2019 IL App (1st) 161742 (October). Episode 704 (Duration 15:26)

I think this is a better rule to help explain these cases.

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Filed Under: Jury

Should We Declare A Mistrial If The Jury Can’t Agree On Second Degree Murder?

April 24, 2018 By Samuel Partida, Jr.

People v. Manning, 2018 IL 122081 (March). Episode 480 (Duration 21:31)

Jury wanted to know what happens if they can’t agree on second degree murder.

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Filed Under: Jury, Jury Instructions

In This One Shooter Killing Jury Refuses To Sign The “Use Of A Gun” Special Instruction

July 31, 2017 By Samuel Partida, Jr.

People v. Alexander, 2017 IL App (1st) 142170 (June). Episode 370 (Duration 6:43)

Illogical verdicts in this trial won’t require reversal.

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Filed Under: Jury

Inconsistent Verdicts Do Not Mean Automatic Reversal

July 24, 2017 By Samuel Partida, Jr.

People v. Brown, 2017 IL App (3d) 140514 (May). Episode 367 (Duration 14:51)

The jury signed the not guilty of first degree murder conviction and they signed the second degree murder instruction, this was inconsistent, yet the conviction is sustained.

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Filed Under: Jury

Racial Bigotry In The Jury What To Do When Judicial Misconduct In Deliberations Is Uncoverd

March 21, 2017 By Samuel Partida, Jr.


Pena-Rodriguez v. Colorado, SCOTUS (March 2017). Episode 310 (Duration 6:59). Should the rules allow judges to do something about bigotry that’s discovered during jury deliberations? [Read more…]

Filed Under: Jury

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