People v. Castillo, 2022 IL 127894 (November). Episode 858 (Duration 7:18) Illinois Supreme Court says public property in the aggravated battery statute means the property must be owned by the government. The Charge Defendant was charged with aggravated battery that took place in IDOC. Gist Incident occurred at the Pontiac Correctional Center. Conviction & Sentence […]

Public Property In An Aggravated Battery Means Government Must Own The Property

People v. D’Alise, 2022 IL App (2d) 210541 (January). Episode 857 (Duration 9:53) Also, Illinois courts believe a defendant should not be allowed to profit from his crimes. Charges Defendant was arrested for the unlicensed practice of dentistry.  Gist For 40 years, defendant worked as a dentist, but on July 31, 2018, his dental license […]

Restitution Findings Must Be Supported By The Record But Judge Need Not Make Express Findings

People v. Garcia, 2021 IL App (1st) 190026 (December). Episode 856 (Duration 7:19) An EHM agreement usually requires a defendant to agree to allow warrantless searches of his home, these agreements will be accepted by the courts. Charges Defendant Valentin Garcia was arrested in November 2017 and charged with gun-related offenses. He was released on […]

EHM Comes With Prospective Consent To A Home Search

People v. Patton, 2022 IL App (4th) 210561 (December). Episode 855 (Duration 12:09) Police stopped a truck that was a part of a larger investigation which was proper, then a gun was discovered and defendant was arrested. Charges & Sentence In February 2020, the State charged defendant, Dakota Patton, with being an armed habitual criminal […]

On Going Investigation Justified Stop Of This Truck Leading To Discovery of a Gun

People v. Lockett, 2022 IL App (1st) 190716 (December). Episode 854 (Duration 12:00) Cook County says there was no right to pat this guy down because holding your weight is no big thing. Charges & Sentence The State charged Lockett with nine counts but proceeded to trial on one count of being an armed habitual […]

Man With A Gun Case Shows Some Judges Just Think Police Should Not Patrol Certain Neighborhoods

People v. McBride, 2022 IL App (4th) 220301 (December). Episode 853 (Duration 8:32) Williams Rule means aggravated DUI count must be dismissed. Charges On August 14, 2020, defendant, while operating a motor vehicle, collided with another vehicle, killing four people in the other vehicle.  On August 17, 2020, the State charged defendant in an information […]

DUI Count Dismissed When It Was Filed Over A Year After The Original Charges

People v. Ballard, 2022 IL App (1st) 210762 (December). Episode 852 (Duration 3:18) Cook County follows 2nd District holding COVID delays do not violate statutory speedy trial rights. Charges On November 20, 2018, Ballard was arrested for attempted aggravated arson and attempted first degree murder of Edna Glenn and her daughter Jordan Lambropoulos.  Initial Continuances […]

Another COVID Shut-Down Case Saying Statutory Speedy Trial Not Violated

People v. Mayfield, 2021 IL App (2d) 200603 (December). Episode 851 (Duration 7:34) Illinois Supreme Court COVID shut-down and continuances trump the speedy trial statue. Charge & Sentence Following a bench trial in the circuit court of Lake County, defendant, Gary K. Mayfield, was convicted of domestic battery and was sentenced to a 42-month prison […]

COVID Continuances Do Not Violate Speedy Trial Statues

People v. Freeman, 2021 IL App (1st) 200053 (December). Episode 850 (6:18) 1st District reverses a drug conviction because of what they say can constitute wholly innocent conduct. Gist The trial court held a bench trial and found Dashon Freeman guilty of possessing cocaine. Freeman argues on appeal that the court should have granted his […]

Single Hand To Hand Transaction Does Not Authorize Search of the Person

People v. Schoonover, 2021 IL 124832 (December). Episode 849 (Duration 5:07) 725 ILCS 5/115-11 is a constitutionally valid way to remove most people from a courtroom when a child sex victim testifies. See Also Lower Court Opinion People v. Schoonover, 2019 IL App (4th) 160882 (April). Episode 635 (Duration 8:30) (Judge Cleared The Courtroom But […]

We Can Thin Out The Courtroom When A Child Victim Testifies In A Sex Case

People v. Fane, 2021 IL 126715 (December). Episode 848 (Duration 8:02) Illinois Supreme Court rejects the idea that it is inappropriate to give the accomplice witness instruction or any version of it when the witness exonerates the accused. Gist At issue is whether the trial court abused its discretion by giving the jury a modified […]

IPI 3.17 Should Be Given Anytime A Person Who Participated In The Crime Testifies Regardless Of Who Calls Him

People v. Deroo, 2022 IL 126120 (March). Episode 847 (Duration 11:14) Illinois Supreme Court amends the business record exception so that it includes medical records and medical opinions. Gist Following a jury trial in the circuit court of Rock Island County, defendant Ryan James Deroo was convicted of aggravated driving under the influence (DUI) and […]

Certified Business Record Exception Includes Medical Records

People v. Carter, 2021 IL 125954 (December). Episode 846 (Duration 8:09) 911 call of man with a gun leads to the arrest of this defendant creating constitutional questions. Charges Defendant, David Carter, was charged in the circuit court of Cook County with several weapons offenses, including being an armed habitual criminal, aggravated unlawful use of […]

Illinois Supreme Court Says Officer Safety Still Plays A Role When Police See A Man With a Gun

People v. Grant, 2020 IL App (3d) 160758 (December). Episode 845 (Duration 7:28) Even though there were so many reasons not too, this rape conviction is still reversed and remanded for a new trial. Charges The State charged defendant via indictment with aggravated criminal sexual assault (720 ILCS 5/12-14(a)(6) (West 2004)) and criminal sexual assault […]

In A Rape Case We Must Persevere The Evidence After A Conviction

People v. Jimenez, 2020 IL App (1st) 182164 (December). ​​Episode 844 (Duration 4:33) Illinois state statute says we can’t charge defendant in state court if the feds have charged him in federal court. In Federal Court Following a guilty plea, defendant Thaddeus Jimenez was sentenced to 110 months in federal prison for possession of a […]

State Double Jeopardy Statute May Prevent Some Charges When The Feds Also Charge

People v. Edwards, 2020 IL App (1st) 182245 (December). Episode 843 (Duration 6:00) This is a “man with a gun” case that the state wins guided primarily by officer safety concerns. Charges & Sentence Following a bench trial, defendant Jarmon Edwards was found guilty of aggravated unlawful use of a weapon after police found a […]

Valid FOID Card Did Not Preclude UUW Conviction When Defendant Is Acting Fishy

People v. Williams, 2020 IL App (3d) 180024 (December). Episode 842 (Duration 7:46) The dissent wants to make the “invasion of privacy” part of the search and seizure analysis for Illinois drivers and residents. Charges Defendant was charged with the Class X felony of unlawful possession of a controlled substance with intent to deliver, in […]

Iowa Registration Sticker Gets This Guy Pulled Over And For Now Invasion of Privacy Not A Part of the Fourth Amendment Analysis

People v. Sutton, 2020 IL App (1st) 181616 (December). Episode 841 (Duration 6:05) This car was stopped because the passenger did not have a seat belt on which meant the business of the traffic stop was not over until that issue was addressed. Gist Defendant was a passenger in a vehicle that was subject to […]

Passenger Not Free To Leave This Traffic Stop After The Driver Is Arrested

People v. McGhee, 2020 IL App (3d) 180349 (December). Episode 840 (Duration 4:41) Open alcohol in a car creates probable cause to search the car and arrest the occupants. Gist Defendant was charged with UUWF (720 ILCS 5/24-1.1(a) (West 2016)) and AHC (id. § 24-1.7(a)). Defendant knowingly possessed a firearm after having been twice convicted […]

Open Alcohol In A Car Means The Glove Box Can Be Searched

People v. Baker, 2020 IL App (2d) 180300 (December). Episode 839 (Duration 8:33) Don’t forget to argue inevitable discovery when the sequence of events in an investigation are a little out of order. Charges & Issues Following a jury trial, defendant, Percy F. Baker, was convicted of aggravated robbery (720 ILCS 5/18-1(b)(1) (West 2014)) and […]

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