I created a mini Illinois case law review 2014. As you know, I have been reading, summarizing, and reporting on Illinois criminal case law for the entire year in 2014. [Read more…]
The Impossibility Defense is an affirmative defenses that must be raised in the first instance by the accused. The burden shifts to the State when the issue is first raised.
Police dog sniff set-up procedures may be ordered by the police. Listen to podcast episode 043 of the Criminal Nuggets Podcast to discover what the heck it means to “prep” a car for a dog sniff. [Read more…]
Here is a DUI sentencing example of winning on a technicality. In Podcast Episode 042 of the Criminal Nuggets Podcast, I discuss the idea of “winning on a technicality”. Is it time to retire this term? [Read more…]
I want to talk more about the double jeopardy definition. In the last show we discussed a case that involved double jeopardy attaching (or not attaching) at sentencing hearing. However, some ideas on this topic didn’t get flushed out. [Read more…]
When does double jeopardy attach during a sentencing hearing? This is the question raised in Podcast Episode Number 040 of the Criminal Nuggets Podcast. The Defendant tried to plead guilty to a misdemeanor DUI, the the judge allowed them to dismiss the charges so they could indict on felony charges. [Read more…]