Home of the Criminal Nuggets Podcast.
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?
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 to murder, is legally possible. However, I doubt that is very common. The case of People v. Smith, People v. Smith, 2014 IL App (1st) 103436 (July), teaches us that actually getting this lesser included jury instruction may not be so easy after all. [Read more…]
People v. Moman, 2014 IL App (1st) 130088 (August). Was this uncharged conviction proper?
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…]
