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A Single Punch To The Gut And They Take The Money Bag

February 7, 2018 By caselawcourse

People v. Smith, 2017 IL App (1st) 151312 (October). Episode 451 (Duration 10:59) One act – One crime principles will save this defendant 6 years.

Filed Under: Sentencing Tagged With: Merging, Multiple Convictions, One Act-One Crime

Overly Broad Probation Term Said No Gang Contact

January 16, 2018 By caselawcourse

In re Omar F., 2017 IL App (1st) 171073 (October). Episode 441 (Duration 6:38) No gang contact was overly broad.

Filed Under: Sentencing Tagged With: Probation

13 Year Old Has No Business Being In Our State’s Crown Jewel

August 30, 2017 By caselawcourse

In re Dystyn, 2017 IL App (4th) 170103 (June). Episode 385 (Duration 6:42) Delinquent minor is forbidden from entering a college campus.

Filed Under: Sentencing Tagged With: Probation

How To Properly Raise A Batson Prima Facie Case

May 29, 2017 By caselawcourse

People v. Austin, 2017 IL App (1st) 142737 (April). Episode 342. (Duration 17:15) Fact that multiple jurors of the same race have been stricken, without more, does not raise a prima facia case for a Batson violation.

Filed Under: Trial Tagged With: Batson, Jury

Episode 187: Aguilar AUUW Conviction Still On The Books May Act As Predicate Offense for Enhancement

March 21, 2017 By caselawcourse

People v. McFadden, 2016 IL 117424 (June). Episode 187 (Duration 5:17) Defendant questioned the validity of his UUW Felon conviction because it was predicated on a AUUW invalidated under Aguilar.

Filed Under: Sentencing Tagged With: UUW

The Perils of Accomplice Testimony

December 13, 2016 By caselawcourse

People v. Hunt, 2016 IL App (2d) 140786 (November). Episode 268 (Duration 8:34) Even the state called the accomplice “a liar” and warned the jury to question her credibility.

Filed Under: Trial Tagged With: Sufficiency of the Evidence, Witness

No Apprendi Problem When Prior Adjudication Used To Extend A Sentence

October 31, 2016 By caselawcourse

People v. Jones, 2016 IL 119391 (October). Episode 248 (Duration 5:53) Prior adjudications may be considered for extended terms proved up at sentencing with a PSI without any Apprendi violations.

Filed Under: Sentencing Tagged With: Apprendi, Extended Term, Juvenile

Error To Deny This SOJ – Room Number Not Sufficient Notice

October 11, 2016 By caselawcourse

People v. Tate, 2016 IL App (1st) 140598 (September). Episode 243 (Duration 2:43). Aggravated robbery conviction is reversed after a bench trial and an SOJ violation.

Filed Under: Procedure Tagged With: Judicial Bias, Substitution of Judge

Coconspirator Statement Inapplicable Here

September 23, 2016 By caselawcourse

People v. Lucious, 2016 IL App (1st) 141127 (September). Episode 233 (Duration 7:07) Codefendant’s statement was inappropriately used against this defendant.

Filed Under: Evidence Tagged With: Coconspirator Statement, Hearsay

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

July 20, 2016 By caselawcourse

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?

Filed Under: Trial Tagged With: Continuance, Ineffective Assistance, Lynch Material, Speedy Trial

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