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Bad Drug Stipulation Leads To Reversal: State Doesn’t Account For 1000 Feet Of A School

July 18, 2016 By Arthur McGibbons

People v. Davis, 2016 IL App (1st) 142414 (June). Episode 200 (Duration 3:45)

Due to a bad stipulation, the State failed to prove beyond a reasonable doubt that the defendant was guilty of delivery of a controlled substance within 1000 feet of a school. [Read more…]

Filed Under: Stipulation

Illinois Controlled Substance Act Stipulation: Warning For Prosecutors On What Can Go Wrong

January 22, 2015 By Arthur McGibbons

See People v. Coleman, 2015 IL App (4th) 131045 (January). Episode 046 (Duration 18:10)

The Illinois controlled substance act determines a person’s sentence depending on the weight of “any substance containing cocaine.” Here, we discuss a case involving a stipulation to the drug amount and laboratory analysis results.  [Read more…]

Filed Under: Stipulation

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