IllinoisCaseLaw.com

Home of the Criminal Nuggets Podcast.

What Is Structural Error? You Have To Know It To Avoid It Illinois Examples Of Structural Error

September 14, 2019 By Arthur McGibbons

What Is Structural Error?

Structural error is the kind of trial mistake that is so bad the appellate court automatically reverses the conviction. [Read more…]

Filed Under: Structural Error

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

How Should The Judge Handle A Jury Request To See The Video?

July 18, 2018 By Arthur McGibbons

People v. Lewis, 2018 IL App (4th) 150637 (April). Episode 514 (Duration 6:27)

It’s within the court’s full discretion to bring the jury back into the courtroom to view recorded evidence after deliberation has already begun. [Read more…]

Filed Under: Jury Instructions, Structural Error

Judge Handles Jury Requests Independently Without Informing The Parties

February 8, 2018 By Arthur McGibbons

People v. Henderson, 2017 IL App (3d) 150550 (November). Episode 452 (Duration 8:53)

The judge brought the jury into the courtroom to let them see a video with neither the judge, the ASA, nor the defense attorney being there. [Read more…]

Filed Under: Structural Error

When Is A Closed Courtroom Considered Structural Error?

August 1, 2017 By Arthur McGibbons

Weaver v. Massachusetts, SCOTUS, No. 16-240 (June 2017). Episode 371 (Duration 14:16)

Right to public trial is a structural right, but it really matters when the issue is brought up.

[Read more…]

Filed Under: SCOTUS, Structural Error

  • 1
  • 2
  • Next Page »

© 2021 · Steady Persistent Attention To The Cases Is Never Wrong · Disclaimer