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How Judge Steigmann Really Feels About Impeachment, Prior Inconsistent Statements, And 725 ILCS 5/115-10.1

November 10, 2016 By Samuel Partida, Jr.

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The most Honorable Judge Robert Steigmann of the Fourth Appellate District provides valuable insight and lessons on proper impeachment, prior inconsistent statements, and 725 ILCS 5/115-10.1. [Read more…]

Filed Under: Impeachment, Prior Inconsistent Statement

A Right To A Speedy Trial Includes A Statutory Right And A Constitutional Right

October 6, 2016 By Samuel Partida, Jr.

People v. Kilcauski, 2016 IL App (5th) 140526 (August). Episode 241 (Duration 9:02)

Constitutional and statutory speedy trial right violations occurred from these unique facts. [Read more…]

Filed Under: Speedy Trial

Speedy Trial Violation Occurs Here Where Defendant Was “Held” For Multiple Offenses

July 23, 2016 By Samuel Partida, Jr.

People v. Smith, 2016 IL App (3d) 140235 (June). Episode 205 (Duration 7:12)

Conviction for aggravated criminal sexual abuse is reversed to speedy trial violation. [Read more…]

Filed Under: Speedy Trial

In A Compulsion Defense The Potential Harm Has To Be Imminent

July 22, 2016 By Samuel Partida, Jr.

People v. Collins, 2016 IL App (1st) 143422 (June). Episode 204 (Duration 5:31)

Assuming the codefendant (who was the shooter) was a really bad dude and did threaten the defendant, exactly how imminent does the potential harm have to be? [Read more…]

Filed Under: Necessity Defense

Judge Denies Motion To Continue To Pursue Lynch Material (Case Study in Litigation Decisions)

July 20, 2016 By Samuel Partida, Jr.

People v. Gibbs, 2016 IL App (1st) 140785 (June). Episode 202 (Duration 7:56)

Was it error for the judge to deny defendant’s motion to continue the trial so he could build up his Lynch material? [Read more…]

Filed Under: Self Defense, Speedy Trial

Bad Drug Stipulation Leads To Reversal: State Doesn’t Account For 1000 Feet Of A School

July 18, 2016 By Samuel Partida, Jr.

People v. Davis, 2016 IL App (1st) 142414 (June). Episode 200 (Duration 3:45)

Due to a bad stipulation, the State failed to prove beyond a reasonable doubt that the defendant was guilty of delivery of a controlled substance within 1000 feet of a school. [Read more…]

Filed Under: Stipulation

Can You Possess A Shank In Prison If You Can Prove Your in Danger?

July 6, 2016 By Samuel Partida, Jr.

People v. Boston, 2016 IL App (1st) 133497 (May). Episode 192 (Duration 5:42)

Was it error for trial court to deny defendant the necessity instruction for possessing a shank in jail when he could prove he was stabbed and in danger? [Read more…]

Filed Under: Necessity Defense

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