People v. Villarreal, 2022 IL App (2d) 200077 (July). Episode 956 (Duration 5:04)
Although defendant’s stipulated bench trial was tantamount to a guilty plea, she did not waive review of the ruling on her motion to suppress
[Read more…]Vehicular Hijacking Defense Consisted Of Being Too Intoxicated To Form Intent
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…]Secretary of State Driving Abstract Is Admissible To Prove Driving Status Without Confrontation Problem
People v. Schwandt, 2022 IL App (4th) 200583 (June). Episode 950 (Duration 4:50)
The admission of the certified driving abstract did not violate defendant’s rights under the confrontation clause
[Read more…]Illinois Supreme Court Says What On Entrapment
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…]Defense Of Property Is Different Than Defense Of Person
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…]This Common Closing Argument About Subpoenas And Hearsay Is Proper
People v. Williams, 2022 IL 126918 (May). Episode 942 (Duration 6:43)
The prosecutor’s comment about hearsay was not improper, and the prosecutor’s comment on the defense’s subpoena powers was also not improper.
[Read more…]The Seven Factors That Go Into Raising A Batson Prima Facia Case
People v. Jones, 2021 IL App (1st) 181266 (June). Episode 901 (Duration 12:58)
Defendant properly raised a Batson challenge which should have required state to produce race neutral reasons for challenges; here trial court misapplied the heterogeneous factor, and it weighed in favor of finding a prima facie case of discrimination.
[Read more…]Identity Theft Venue Can Be Where Victim Lives Because It Is By Definition Where The Crime Occurred
Illinois Supreme Court says the Identity Theft venue statute allowing prosecution where the victim lives is constitutional.
[Read more…]Did Trial Court Make Unsupported Assertions About Special Police Officer Testimony?
People v. Conway, 2021 IL App (1st) 172090 (April). Episode 892 (Duration 5:55)
Trial Court is reversed because Appellate Courts says the trial court made unsupported assertions about the special perceptual powers of police officers.
[Read more…]Incomplete Jury Polling is Second Prong Structural Error
People v. Jackson, 2021 IL App (1st) 180672 (March). Episode 882 (Duration 5:55)
In this murder trial defendant was found guilty, jury was polled and only 11 jurors answered the question.
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