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It’s Structural Error To Proceed With A Bench Trial Without A Knowing Waiver In Open Court

April 10, 2019 By Arthur McGibbons

People v. Johnson, 2019 IL App (1st) 162517 (March).Episode 614 (Duration 11:45)

No valid jury waiver in the record even though he apparently signed the waiver form.

[Read more…]

Filed Under: Guilty Plea, Podcast, Structural Error

In This DUI The Officer Substantially Complies With His Breathalyzer Certification

April 9, 2019 By Arthur McGibbons

People v. Caraballo, 2019 IL App (1st) 171993 (March). Episode 613 (Duration 12:55)

Officer was not certified at the time of the breathalyzer, but he was substantially certified.

[Read more…]

Filed Under: Breathalyzer, Podcast

Is It Constitutional To Ban Guns From Public Housing?

April 4, 2019 By Arthur McGibbons

People v. Cunningham, 2019 IL App (1st) 160709 (March). Episode 611 (Duration 9:18)

Defendant gets 3 years for shooting himself in the leg in a housing project; this UUW version is constitutional.

[Read more…]

Filed Under: Constitutional, Podcast, UUW

Police Chase Some Men, See A Gun And Arrest Them – Is That Legal?

April 2, 2019 By Arthur McGibbons

People v. Thomas, 2019 IL App (1st) 170474 (March). Episode 609 (Duration 11:51)

Police see a defendant hand a gun to another person and then try to run and hide. [Read more…]

Filed Under: Pat Down, Podcast, Probable Cause, Reasonable Suspicion

Timbs v. Indiana Case Brief : A Case On Asset Forfeitures

February 25, 2019 By Arthur McGibbons

SCOTUS case on excessive asset forfeitures.

Timbs v. Indiana, 2019 SCOTUS (February). Episode 594 (Duration 24:32)

[Read more…]

Filed Under: Forfeiture, Podcast, SCOTUS

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