People v. Rowell, 229 Ill. 2nd 82 (May 2008). Episode 686 (Duration 31:58)
What’s the best way to handle legally insufficient criminal charges? In this episode you get a feel for what it’s like working in the criminal law.
The compulsory joinder statute provides:
“(a) When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. (b) If the several offenses are known to the proper prosecuting officer at the time of commencing the prosecution and are within the jurisdiction of a single court, they must be prosecuted in a single prosecution *** if they are based on the same act.”
The General Assembly enacted the compulsory joinder statute “to prevent the prosecution of multiple offenses in a piecemeal fashion and to forestall, in effect, abuse of the prosecutorial process. A prosecutor might otherwise harass a defendant through successive prosecutions of multiple offenses and put a defendant through the expense of several trials until the prosecutor obtains a result that satisfies him.” People v. Quigley, 183 Ill. 2d 1, 7 (1998).
People v. Hayden, 2018 IL App (4th) 160035 (December). Episode 577 (Duration 7:14)
Predatory reversed due to non severance of the charges. [Read more…]
People v. Frazier, 2017 IL App (5th) 140493 (July). Episode 399 (Duration 6:44)
No error here where defense counsel waited to object to an insufficient complaint until after the trial started. [Read more…]
People v. Staake, 2016 IL App (4th) 140638 (November). Episode 260 (Duration 9:52)
Second degree murder is not a lesser included offense of first degree murder; it is a lesser mitigated offense of first degree murder. [Read more…]
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…]