IllinoisCaseLaw.com

Illinois Criminal Law Podcast

Originally Charged With Second Degree Murder, Then Amended To First Degree Murder, Problem?

November 22, 2016 By Samuel Partida, Jr.

People v. Staake, 2016 IL App (4th) 140638 (November). Episode 260 (Duration 9:52)

Second degree murder is not a lesser included offense of first degree murder; it is a lesser mitigated offense of first degree murder. [Read more…]

Filed Under: Podcast, Procedure

This Felony Murder Indictment Was Fatally Flawed

September 19, 2016 By Samuel Partida, Jr.

People v. Carey, 2016 IL App (1st) 131944 (August). Episode 228 (Duration 7:35)

Felony murder indictment failed to specify which predicate offense his felony murder was based on, conviction reversed. [Read more…]

Filed Under: Podcast, Procedure

Some Unlawful Use of a Weapon by a Felon Charges DO Require Notice Under 725 ILCS 5/111-3(c)

September 16, 2014 By Samuel Partida, Jr.

People v. Whalum, 2014 IL App (1st) 110959-B (09/15/2014). Some Unlawful Use of a Weapon by a Felon Charges DO Require Notice

So, some unlawful use of a weapon by a felon charges DO require notice under 725 ILCS 5/111-3(c). Case after case, the appellate court has been telling us that no such requirement is required. There is an exception. [Read more…]

Filed Under: Procedure

Intransigent Prosecution Gets Charges Dismissed After Refusing to Identify the Victim in the Information

August 20, 2014 By Samuel Partida, Jr.

People v. Espinoza 14 IL App (3d) 1207966 (08/07/2014). Does the State Have to Identify the Victim of Crime

Does the State have to identify the victim of crime in charges? An intransigent prosecution was not rewarded for disobeying the trial court's order to amend the information by allowing them to proceed to trial on a defective charge. Charges were dismissed for not identifying the victim. [Read more…]

Filed Under: Procedure

The Unlawful Use of a Weapon by a Felon Notice Requirement Under 725 ILCS 5/111-3(c) Doe Not Exist

July 30, 2014 By Samuel Partida, Jr.

People v. Pryor, 2014 IL App (1st) 121792-B

Unlawful use of a weapon by a felon is alive after Aguilar and the unlawful use of a weapon by a felon notice requirement for a a Class 2 offense does not exist pursuant to Easley. [Read more…]

Filed Under: Sentencing

Blogger, Podcaster and Now Author…

Learn More Now
Available on iTunes = subscribe on iTunes Available on Google Podcasts Subscribe on Android subscribe to rss feed

FREE Ethics CLE For Illinois Lawyers

Free Ethics CLE For Illinois Lawyers

In this one hour course on professionalism you’ll discover how busy criminal law attorneys find the time to kill it in court. Register below to get instant access to this free ethics CLE.

Listen Now!

Criminal Nuggets Podcast with Samuel Partida, Jr. | a criminal law podcast

Premium Nuggets Podcast | A subscription legal service for Illinois criminal law attorneys

free illinois criminal law webinars and courses

Free Legal Resource For Illinois Attorneys

Free Legal Resource For Illinois Attorneys

Download My Most Popular Case Lists

I've been gathering the cases & one line summaries of the most important criminal law topics.

Get The Cases

Are You Ready To Consistently Outmatch & Outgun Your Criminal Litigation Opposition?

Samuel Partida, Jr. Case Law NinjaHow do you get a judge to do what you want and dominate your courtroom?

Show Me The Secret Now

 

Procedure

Search & Seizure

Evidence

Defenses

Sentencing

Tags

Appeal Attenuation Batson Confession Conflict Of Interest Confrontation Consent Constitutional Discovery Dismissal Double Jeopardy Drug Dog Expert Expungement Extended Term Eyewitness Gun Add-On Hearsay Impeachment Indictment Ineffective Assistance Instructions Jury Juvenile Lesser-Included Life Sentence Mental State Mitigation Notice Other Crimes Postconviction Petition Prior Inconsistent Statement Probable Cause Probation Prosecutorial Misconduct Reasonable Doubt Reasonable Suspicion SCOTUS Speedy Trial Sufficiency of the Evidence Suspended License Traffic Stop UUW Warrant Witness
  • About
  • Free Podcast
  • Resources
  • Login

© 2019 Copyright · Illinois Crimes Index · Illinois Sentencing Index · Disclaimer