This is the March 2018 Illinois criminal case law audio round-up (the fast case law summary). Episode 473 (Duration 30:10)
The March 2018 Top Illinois Criminal Law Cases (The Monthly Round-Up)
Here’s a quick snapshot of the top cases:
Jury wanted to know what happens if they can’t agree on second degree murder.
There is no body of case law documenting the public shaming of patrons of prostitutes.
Gas station attendant calls the police on defendant to report he almost hit the building, so DUI stop justified.
Defendant had a rare blood condition, that was not considered an extraordinary circumstance.
Defendant stipulated to the BAC then tried to argue there was error in admitting it.
Sloppy drafting of a warrant means all the murder evidence is out.
Historical cell site analysis (HCSA) testimony was ruled inadmissible hearsay in this case.
Defendant is convicted of a class X for setting up a sexual encounter with a 15 year old.
State’s witness affirmatively damaged the state’s case when he changed his testimony at trial.
Statement errors means this murder is going back for a new trial.
Trial judge is hell bent on finding an ethical violation where there is none.
Fourth district goes the other way on retail theft burglaries.
13. People v. Jones
Defendant didn’t make a clear unequivocal demand for trial so it counts as a date by agreement.
14. People v. Ely
Defendant was shackled during his bench trial but he is not entitled to a new trial.
State was not vindictive when they charged defendant with a higher class DUI the day of trial.
Judge can’t use the fitness evaluation report against the defendant at sentencing.
Really nasty triple murder by a youthful offender.
16 year old defendant sentenced to 65 years in prison, a de facto life sentence, gets a new sentencing hearing.
19. People v. Joiner
This 16 year old defendant does get a new sentencing hearing even though the new statutes clearly does not apply to him.
20. People v. Walker
Defendant was 17 when he received a discretionary life sentence; he got all the protection that the constitution says he should have gotten.
Judge didn’t tell him about maximum sentence when defendant said he wanted to go pro se.
Another defendant says SORA is unconstitutional; he loses.
23. People v. M.R.
Minors charged with possession of stolen vehicle must be charged in juvenile court.
24. People v. Gibson
Yet another Jon Burge confession leads to a full hearing on postconviction petition.
Defendant gets 6 year off his sentence because his prior agg bat conviction did not involve bodily harm.