Samuel Partida, Jr.

Criminal Law Podcaster

Latest from Samuel Partida, Jr. - Page 2

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.…
There is a scene from My Cousin Vinny that perfectly describes discovery in criminal cases. Attorney Frank Gambini (Joe Pesci) walks into the room he’s sharing with Mona Lisa Vito (Marisa Tomei) gleaming with pride because he just “finessed” a box of records from the prosecution. In that one scene Mona sums up all discovery […] The post Discovery In Criminal Law Cases This Is How It Works first appeared on IllinoisCaseLaw.com.…
The corpus delicti definition is a Latin term that literally translates to “body of the crime.” Corpus Delicti Definition In criminal cases a court describes the commission of a crime as the corpus delicti. See People v. Lara, 2012 IL 112370, ¶ 17. That just means a court acknowledges that something happened that was criminal […] The post What Is The Corpus Delicti Rule In Criminal Cases? first appeared on IllinoisCaseLaw.com.…
This is the March 2019 Illinois criminal case law audio round-up (the fast case law summary). Episode 612 (Duration 41:18) The March 2019 Top Illinois Criminal Law Cases (The Monthly Round-Up) Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Here’s a quick snapshot of the top cases: 1. People […] The post March 2019 Speed Round (The Illinois Criminal Case Law Round Up) first appeared on IllinoisCaseLaw.com.…
People v. Mooney, 2019 IL App (3d) 150607 (March). Episode 599 (Duration 9:21) Agreeing to continuance was ineffective, outright reversal is the only remedy. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Charge Defendant, Bryant K. Mooney Jr., appeals following his conviction for driving while license suspended. Issue He […] The post State Blows Speedy Trial Even Though Defense Counsel Agreed To The Continuance first appeared on IllinoisCaseLaw.com.…
In Illinois a driver is guilty of a DUI if he is driving while under the influence of alcohol or is in actual physical control of a vehicle. So what exactly does it mean to be in actual physical control of a vehicle? Actual Physical Control Illinois Law The language in the Illinois DUI statute […] The post Actual Physical Control Of A Vehicle In Illinois first appeared on IllinoisCaseLaw.com.…
Dismissed With Prejudice Illinois law is clear that the State may dismiss a charge “with prejudice” and that the effect of the State’s doing so is to subsequently bar the State from prosecuting the same defendant for the same offense based on the same facts. See People v. Gill, 379 Ill. App. 3d 1000 (2008); People v. Creek, 94 Ill.2d 526, 531 (1983). However, a state motion to dismiss with prejudice is very uncommon. See also Nolle Prosequi Motions. By making a motion to dismiss with prejudice, the State is, in effect, barring itself from ever again charging this…