Samuel Partida, Jr.

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People v. Bailey, 2019 IL App (3d) 180396 (May). Episode 631 (Duration 15:01) Food in your beard is not particularly indicative of anything. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Charges The State charged defendant with two counts of DUI (625 ILCS 5/11-501(a)(1), (a)(2)), as well as other traffic […] The post DUI Probable Cause And Chicken Wing Hot Sauce In Your Beard first appeared on IllinoisCaseLaw.com.…
People v. Campbell, 2019 IL App (1st) 161640 (April). Episode 630 (Duration 11:07) Court is not insensitive to claims of “dropsy” testimony and “testilying.” Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Charges Campbell was charged with nine counts of aggravated unlawful use of a weapon (AUUW) (720 ILCS 5/24-1.6(a)(1), […] The post Dropsy, Smells-Me, Front Seating, and Other Testilying Testimony Has To Be Weighed On It’s Own Merit first appeared on IllinoisCaseLaw.com.…
The Fifth Amendment to the United States Constitution establishes several rights for criminal defendants. The Fifth Amendment says… “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the […] The post What Is The Fifth Amendment? first appeared on IllinoisCaseLaw.com.…
People v. Markham, 2019 IL App (3d) 180071 (April). Episode 626 (Duration 7:32) State says overdose immunity should not kick in since defendant was feeling good enough to ask for his wallet and keys. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Gist This is a possession of heroin […] The post Drug Overdose Immunity Enforced In The 3rd District first appeared on IllinoisCaseLaw.com.…
People v. Kimble, 2019 IL 122830 (April). Episode 622 (Duration 9:42) Judge declared a mistrial kind of early, still double jeopardy was not implicated. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Gist This was a sex abuse case. The lower appellate court prevented a new trial based on […] The post Why A Hung Jury Generally Avoids Double Jeopardy Problems first appeared on IllinoisCaseLaw.com.…
People v. Rice, 2019 IL App (3d) 170134 (April). Episode 623 (Duration 7:36) A strong indication from the 3rd district on what the smell of weed means for a car search. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Charges Defendant Jeremiah Paige Rice was charged with one […] The post 3 Districts All Have Said The Smell Of Weed Still Justifies A Car Search first appeared on IllinoisCaseLaw.com.…
People v. Brandt, 2019 IL App (4th) 180219 (April). Episode 621 (Duration 17:08) Police use their own sense of smell to go get a warrant for a house. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Charges Defendant was charged by information with unlawful possession with intent to deliver […] The post Forget The Dog Police Can Rely On Their Own Nose To Detect Cannabis first appeared on IllinoisCaseLaw.com.…
Chain of custody evidence in Illinois is a rule of evidence that requires that, before the State can introduce results of chemical testing of a purported controlled substance, it must provide a proper foundation. This means the state must show that the police took reasonable protective measures to ensure that the substance recovered from the […] The post Chain Of Custody Evidence In Illinois first appeared on IllinoisCaseLaw.com.…
People v. Patel, 2019 IL App (2d) 170766 (March). Episode 603 (Duration 19:01) State failed to produce discover for the SSS Hearing, they subsequently blew Trainor. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Charges Defendant was charged with two counts of driving while under the influence of alcohol […] The post Court Is Taking The Discovery Rules Seriously In Summary Suspension Hearings first appeared on IllinoisCaseLaw.com.…
People v. Spicer, 2019 IL App (3d) 170814 (March). Episode 602 (Duration 11:56) Can the prosecution compel you to give up your phone password? Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Charges Defendant was arrested for unlawful possession of a controlled substance and later also charged with knowingly […] The post Can The State Compel You To Give Up Your Phone Passcode? first appeared on IllinoisCaseLaw.com.…
A motion to suppress evidence is a formal request that a judge prevent the state from admitting certain evidence. It’s a formal request to exclude evidence. Typically, suppression of evidence is warranted after a constitutional violation. A judge almost always has to conduct a hearing with witnesses when deciding whether to grant this motion. Search […] The post Motion To Suppress Evidence first appeared on IllinoisCaseLaw.com.…
In Illinois a reckless homicide is an unintentional killing involving a vehicle. It results when a person acts recklessly such that their conduct with a vehicle leads to the death of another individual. What’s The Difference Between Reckless Homicide And Involuntary Manslaughter? There is no real difference between a reckless homicide in Illinois and involuntary […] The post Reckless Homicide Illinois | What Is A Reckless Homicide? first appeared on IllinoisCaseLaw.com.…
The Illinois Open Container Statute Section 11-502 of the Illinois Vehicle Code states that no driver may transport, carry, possess or have any alcoholic liquor within the passenger area of any motor vehicle upon a highway in this State except in the original container and with the seal unbroken.”  625 ILCS 5/11-502(a). You should think […] The post Illinois Open Container Law Says No Opened Alcoholic Beverages In Your Car first appeared on IllinoisCaseLaw.com.…