By Samuel Partida, Jr.
People v. Mallett, 2023 IL App (1st) 220920 (September). Episode 1011 (Duration 6:42)
(1) It was immediately apparent to the officer that he had probable cause to believe, that the white pills in the blue-tinted, knotted baggie were illegal narcotics. (2) The evidence clearly shows the car was her car, she had control of the car,
[Read more…]By Samuel Partida, Jr.
People v. Davis, 2021 IL App (3d) 180146 (August). Episode 906 (Duration 3:58)
State did not conclusively establish, beyond a reasonable doubt, that defendant owned, rented, or even temporarily resided in the home.
[Read more…]By Samuel Partida, Jr.
People v. Horn, 2021 IL App (2d) 190190 (June). Episode 899 (Duration 6:42)
With drugs in the trunk of a car state did not establish probable cause to believe that defendant either (1) had knowledge of the urn or its contents or (2) exercised control over the urn or the vehicle.
[Read more…]By Samuel Partida, Jr.
People v. Wise, 2021 IL 125392 (April). Episode 885 (Duration 6:09)
We lose this gun case when when gun is found in van with a driver and 2 other occupants.
[Read more…]By Samuel Partida, Jr.
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…]By Samuel Partida, Jr.
People v. Milan, 2020 IL App (1st) 172181 (September). Episode 813 (Duration 4:57)
State didn’t prove the gun in the house belonged to defendant.
[Read more…]By Samuel Partida, Jr.
People v. Walker, 2020 IL App (1st) 162305 (March). Episode 755 (Duration 4:44)
State didn’t prove the bullets in the bedroom where the defendant’s.
Read moreBy Samuel Partida, Jr.
People v. Wise, 2019 IL App (3d) 170252 (September). Episode 693 (Duration 12:26)
Gun was in a van in the third row back so did defendant really have access to the gun?
[Read more…]By Samuel Partida, Jr.
People v. Fernandez, 2016 IL App (1st) 141667 (December). Episode 283 (Duration 3:57)
17 years of for possession with intent to deliver reversed in this search warrant case.
[Read more…]By Samuel Partida, Jr.
People v. Tates, 2016 IL App (1st) 140619 (August). Episode 230 (Duration 5:59)
Drug conviction reversed because defendant can’t be sufficiently tied to the contraband.
[Read more…]