This is the February 2019 Illinois criminal case law audio round-up (the fast case law summary). Episode 598 (Duration 14:12)
The February 2019 Top Illinois Criminal Law Cases (The Monthly Round-Up)
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Here’s a quick snapshot of the top cases:
Motions for DNA testing in old cases are distinct and separate civil hearings where counsel can come onboard for a limited purpose.
Eight Amendment ban on excessive fines and forfeitures extends to the states.
Inadmissibility of prior consistent statement trumps hearsay exceptions.
Another example of evidence that was admitted to demonstrate the course of the police investigation.
Looks like trial counsel did what they could with this ballistics expert.
6. In re K.M.
Police entered onto private property without a warrant to retrieve stolen property, the fallout is widespread.
Mistake of law case; Theus is under attack.
How not to ask about a school’s security.
Drugs are found upstairs when defendant was downstairs, is this still armed violence?
10. People v. Lee
Exactly what does the state have to prove in regards to possessing a gun with defaced serial number?
Defendant is allowed to explain why he missed his sentencing hearing even though the trial court technically has no jurisdiction.
Court must take into account the future ability to pay when assessing an appropriate felony fine.