Serious possible prosecutorial misconduct but a difinite discovery violation is being litigated in the Third District. Podcast Episode 047 of the Criminal Nuggets Podcast discusses a case where the issue at hand involves whether or not a prosector told a witness to lie at trial. [Read more…]
The Illinois controlled substance act determines a person’s sentence depending on the weight of “any substance containing cocaine.” In podcast episode 046 of the Criminal Nuggets Podcast, I discuss a case involving a stipulation to the drug amount and laboratory analysis results. Things go way wrong quickly after the stipulation. [Read more…]
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…]