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…]
This Felony Murder Indictment Was Fatally Flawed
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…]
Some Unlawful Use of a Weapon by a Felon Charges DO Require Notice Under 725 ILCS 5/111-3(c)
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…]
Intransigent Prosecution Gets Charges Dismissed After Refusing to Identify the Victim in the Information
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…]
The Unlawful Use of a Weapon by a Felon Notice Requirement Under 725 ILCS 5/111-3(c) Doe Not Exist
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…]