People v. Jones, 2023 IL 127810 (January). Episode 863 (Duration 9:40)
Constructive possession can be shown for items in a glove box and you may not want to give the “knowledge” instruction.
[Read more…]Proper Finger Print Evidence Foundation Should Still Include This, Says The Illinois Supreme Court
People v. Cline, 2022 IL 126383 (January). Episode 862 (Duration 9:26)
A single finger can sustain a conviction for burglary under the right circumstances.
[Read more…]When You Don’t Test Something Say This In Closing Argument
People v. Mudd, 2022 IL 126830 (January). Episode 861 (Duration 8:46)
Completely proper in closing argument for the State to point out that both sides are legally allowed to conduct scientific testing.
[Read more…]Insulting or Provoking Contact Is An Objective Standard Measured Under The Circumstances
People v. Davidson, 2023 IL 127538 (January). Episode 860 (Duration 7:28)
Determining the “essential characteristics” of the physical contact requires a consideration of the surrounding context. To the extent the appellate court in Ward held that the inquiry is a subjective question, that decision is overruled. See People v. Ward, 2021 IL App (2d) 190243, ¶ 50.
[Read more…]Unrecorded Statement In This Murder Charge Leads To Reversal
People v. Cain, 2021 IL App (1st) 191921 (December). Episode 859 (Duration 5:40)
If you don’t record the murder interrogation then you have to show the statement was voluntary.
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