This is the March 2017 Illinois criminal case law audio summary. Episode 324 (Duration 35:31)
There were 44 published opinions in March!
Buckle your seats we’re covering the most important ones right here.
The Top Illinois Criminal Cases For March 2017
Here’s a quick snapshot of the top cases:
The constitution must allow for some form of judicial inquiry when it becomes clear that a juror has allowed some kind of racial bias to influence their verdict.
Illinois Supreme Court upholds the constitutionality of anti loitering statute for sex offenders.
3. In re A.S.
State fails to raise a race neutral reason for its jury strikes, reversal required.
Second murder trial is also reversed; this time because the judge did not poll the jury on the second degree murder question.
State failed to prove that the gang partook in a pattern of criminal activity.
Illinois Supreme Court acknowledges that SORA is a big bloody mess and calls for legislative clarification and police practice changes.
Another failure to register as a sex offender is overruled; really highlighting it matters how they charge these things.
Defendant said he was completley denying that he masterbated, therefore it was appropriate for the court to admit the other crimes evidence to prove his intent.
Do the words, “Come Here.” alone constitute a seizure?
10. In re Elijah W.
Plain clothes officer sternly telling a kid to “come here” is a seizure.
11. People v. Evans
Defendant kept putting his hands in his pocket after he was repeatedly told to take them out; frisk for weapons justified.
12. People v. West
This obvious drug interdiction traffic stop was nonetheless 100% consensual.
13. People v. Garcia
Police entered a home without a warrant to make a misdemeanor arrest; the exclusionary rule does not mandate suppression of evidence.
Error to admit this unrecorded statement in this murder investigation.
Confession is out; giving the defendant a fake gun residue test did not sufficiently attenuate the bad arrest.
16. People v. French
Little review of hearsay rules may do us some good.
There was an abuse of the grand jury subpoena power in this child porn case, but defendant needs to show prejudice for relief.
18. People v. Sevedo
The domestic violence advocate-victim privilege comes under scrutiny but survives intact.
Press has a right to read the lascivious motions in limine filed by the defense but sealed by the trial court.
20. People v. Thomas
In the First Appellate District the First Division comes out against the Second Division on the issue of what to do with violent youthful offenders.
21. People v. Morris
Remand for resentencing is appropriate even though this youthful killer had a malignant heart (new law not applied retroactively).
22. People v. Buffer
Remand for resentencing is appropriate new law allowed to be applied retroactively.
23. People v. White
Reversal when judge gets annoyed with defendant who wants to show him his tattoos.
24. People v. Gocmen
Officer untrained in the use of narcotics doesn’t know enough to make this DUI drug arrest.
Discovery sanction in this rescission hearing consisted of a finding that the defendant met its initial burden, then the State was allowed to have the officer testify to the probable cause for the DUI arrest.