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Butt In The Box Rule Means Your Available For Cross Examination: Availability Doesn’t Require Answering Too Many Questions

April 23, 2019 By Arthur McGibbons

People v. Smith, 2019 IL App (3d) 160631 (March). Episode 619 (Duration 14:06)

Kid is available for cross even though they don’t remember the actual allegation of sexual abuse.

[Read more…]

Filed Under: 115-10, Confrontation, Sex Case

State Not Allowed To Change Their Theory Of The Case On Appeal – Failure To Register As As A Sex Offender Reversed

November 14, 2018 By Arthur McGibbons

People v. Kindelspire, 2018 IL App (3d) 150803 (October). Episode 559 (Duration 13:50)

Failure to register conviction is overturned when state changes their theory of the case on appeal. [Read more…]

Filed Under: Appeal, SORA

Supreme Court Puts To Bed As Applied Constitutional Challenges To Having To Register Under SORA

October 1, 2018 By Arthur McGibbons

People v. Bingham, 2018 IL 122008 (September). Episode 542 (Duration 9:17)

Appellate court has no jurisdiction to waive a sex offender registration requirement. [Read more…]

Filed Under: SORA

Another As Applied Challenge Results In An 18-Year Old Who Does Not Have To Register

August 27, 2018 By Arthur McGibbons

People v. Kochevar, 2018 IL App (3d) 140660 (August). Episode 527 (Duration 8:40)

Another Romeo and Juliet Defender escapes from having to register as a sex offender. [Read more…]

Filed Under: SORA

Is The State Charging These SORA Cases All Wrong?

July 10, 2018 By Arthur McGibbons

People v. Burchell, 2018 IL App (5th) 170079 (April). Episode 510 (Duration 9:59)

State’s SORA complaint was insufficient. [Read more…]

Filed Under: SORA

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