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It’s Structural Error To Proceed With A Bench Trial Without A Knowing Waiver In Open Court

April 10, 2019 By Arthur McGibbons

People v. Johnson, 2019 IL App (1st) 162517 (March).Episode 614 (Duration 11:45)

No valid jury waiver in the record even though he apparently signed the waiver form.

[Read more…]

Filed Under: Guilty Plea, Podcast, Structural Error

Make Sure To Tell The Judge The Sentence With The Prior Convictions During A Sentencing Plea

December 12, 2018 By Arthur McGibbons

People v. Sophanavong, 2018 IL App (3d) 170450 (November). Episode 569 (Duration 4:20)

They didn’t tell the judge the prior sentences on the prior convictions so this 55 year sentence has to be vacated and remanded for a new sentencing hearing. [Read more…]

Filed Under: Guilty Plea

Immigration Admonishments Before A Guilty Plea Continue To Be Inaccurate

April 10, 2018 By Arthur McGibbons

People v. Hoare, 2018 IL App (2d) 160727 (January). Episode 474 (Duration 12:36)

Improper immigration advice is back on the table in a messy way after Lee v. U.S. [Read more…]

Filed Under: Guilty Plea, Immigration

Counsel Gave Defendant Wrong And Inaccurate Information Before He Plead Guilty Now What?

January 3, 2017 By Arthur McGibbons

People v. Brown, 2017 IL 121681 (November). Episode 436 (Duration 5:41)

Defendant plead guilty because he was told his sentence was a 50% case when in fact it was an 85% case. 

[Read more…]

Filed Under: Guilty Plea, Ineffective Assistance

Can You Be Too Emotionally Distraught To Enter a Plea?

July 11, 2016 By Arthur McGibbons

People v. Bryant, 2016 IL App (5th) 140334 (May). Episode 193 (Duration 6:21)

Defendant said he was to emotionally distraught during his plea hearing to have acted knowingly and voluntarily. [Read more…]

Filed Under: Guilty Plea

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