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…]
Illinois Criminal Law Podcast
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…]
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…]
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…]
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…]
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…]