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Why It Can’t Be Too Easy To Challenge A Grand Jury Indictment

May 13, 2019 By Arthur McGibbons

People v. Nolan, 2019 IL App (2d) 180354 (April). Episode 627 (Duration 9:29)

Trial judge grants defendant’s motion to dismiss the indictment in part because the officer did not testify in the hearing.

[Read more…]

Filed Under: Dismissal, Grand Jury, Prosecutorial Misconduct

Prosecutors Questions Could Have Been Presented More Clearly And Completely In The Grand Jury Room

April 16, 2019 By Arthur McGibbons

People v. Rebollar-Vergara, 2019 IL App (2d) 140871 (March). Episode 616 (Duration 15:29)

Defendant gets into an argument with a guy and his buddy ups and shoots him, then sloppy questioning happens in the grand jury room. [Read more…]

Filed Under: Accountability, Dismissal, Grand Jury, Podcast

Significance Of The Evidence And Bad Faith Drive Discovery Violation And Destruction Of Evidence Issues

July 25, 2018 By Arthur McGibbons

People v. Cunningham, 2018 IL App (1st) 153367 (June). Episode 517 (Duration 12:37)

Dismissal of the charges was not warranted when police destroyed some of the evidence. [Read more…]

Filed Under: Discovery, Dismissal

DUI Dismissed After State Trooper Consistently Does Not Come To Court

October 17, 2017 By Arthur McGibbons

People v. Connors, 2017 IL App (1st) 162440 (September). Episode 404 (Duration 9:32)

DUI dismissed because prosecutor did not show due diligence in getting the trooper to court for trial. [Read more…]

Filed Under: Dismissal, DUI, Police, Speedy Trial

This Felony Murder Indictment Was Fatally Flawed And Charges Had To Be Dismissed

September 19, 2016 By Arthur McGibbons

People v. Carey, 2016 IL App (1st) 131944 (August). Episode 228 (Duration 7:35)

Felony murder indictment failed to specify which predicate offense his felony murder was based on, conviction reversed. [Read more…]

Filed Under: Dismissal, Felony Murder, Indictment

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