This is the February 2018 Illinois criminal case law audio round-up (the fast case law summary). Episode 460 (Duration 21:29)
The February 2018 Top Illinois Criminal Law Cases (The Monthly Round-Up)
Here’s a quick snapshot of the top cases:
Another UUW provision is struck down.
25 minute wait for the sniff dog was too long.
Good faith exception saves this warrantless blood draw.
Defendant runs over and kills a 7 year old boy, however, the resulting blood draw is out because defendant was never under arrest.
Defendant loses his SSS hearing because he didn’t establish the Walgreens parking lot was privately maintained.
Defendant blew .082 she argued the margin of error of the machine means the state didn’t prove she was .08.
No one was arrested in this accident so defendant could not be guilty of obstruction identification.
No prejudice resulted when the judge allowed some hearsay statements improperly.
9. In re B.C.
The law does allow a petitioner to establish that it is “more probable than not” that he poses no risk to the community not withstanding an evaluation that says he poses a “low risk to the community.”
Unfit defendant says SORA is unconstitutional as applied to him.
18 year old confession ruled involuntary in part because defendant is told baby killers get killed in prison.
12. People v. Allard
Lake County SA didn’t sign the applications for the recorded phone calls so they are invalid.
13. People v. Curry
The possession with intent to deliver should have been vacated when he was convicted of armed violence (lesser included offense counts as same act).
14. People v. Custer
Krankel applies to allegations of unreasonable representation of postconviction counsel.