People v. Oelerich, 2017 IL App (2d) 141281 (February). Episode 295 (Duration 13:05)
Defendant had severe mental delusions and issues when he drove his car head on into a lady’s mini van. [Read more…]
“Any Evidence” Justifies A Lesser Included Instruction (Not Any “Credible” Evidence)
People v. McDonald, 2016 IL 118882 (December). Episode 287 (Duration 4:45)
What’s the appropriate standard a reviewing court should follow when deciding whether there was error in not giving a lesser included instruction: Abuse of discretion or de novo review?
Lesser Included On A Gun Charge Is Kind Of Trickey
People v. Clark, 2016 IL 118845 (March). Episode 163 (Duration 7:02)
Aggravated vehicular hijacking and armed robbery without a firearm are not lesser-included offenses of aggravated vehicular hijacking and armed robbery with a firearm. [Read more…]
Involuntary Manslaughter As A Lesser Included Offense Like Walking a Tightrope
Involuntary manslaughter as a lesser included offense to murder, may seem like bucket one of the Buzo The Clown challenge. However, the case of People v. Smith , teaches us that actually getting this lesser included jury instruction may not be so easy after all. [Read more…]
Lesser Included Offense Illinois Analysis Depends On The Charging Instrument Approach
Lesser included offense Illinois analysis means that obstructing a peace officer is probably always a lesser included offense of aggravated battery to a peace officer. Apparently, he kicked a correctional officer while in the Cook County jail. He was acquitted after a bench trial but found guilty of the lesser-included offense of obstructing a peace officer. [Read more…]
2nd Degree Murder Definition Paradox | The Law Allows a Lesser Sentence for an Actual Killing and a Harsher Sentence if Victim Lives
The 2nd degree murder definition paradox allows a lesser sentence for an actual killing and a harsher sentence if victim lives.
People v. Guyton, 2014 IL APP (5th) 110450 (07/15/2014).
Involuntary Manslaughter Instruction Denied When Defendant Claims Self Defense
Involuntary manslaughter instruction denied when Defendant claims self defense in this case. He has to acknowledge some level of recklessness in his behavior. [Read more…]