Illinois Case Law

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People v. Schutz, 2017 IL App (4th) 140956 (June). Episode 379 (Duration 7:55) Turns out all three of defendant’s attorneys had a relationship with the jailhouse informant who testified against defendant. Facts Defendant was charged with sex offenses. His attorney also represented another inmate in the same jail. This other inmate ended up testifying against the defendant as a jailhouse snitch. When the attorney realized that one of her clients was snitching on the on the other client she withdrew from defendant’s case. But Defendant’s new attorney also had represented the snitch in prior cases. Issue On appeal defendant…
Compulsory Joinder The compulsory joinder statute provides: “(a) When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. (b) If the several offenses are known to the proper prosecuting officer at the time of commencing the prosecution and are within the jurisdiction of a single court, they must be prosecuted in a single prosecution *** if they are based on the same act.” 720 ILCS 5/3-3. The General Assembly enacted the compulsory joinder statute “to prevent the prosecution of multiple offenses in a piecemeal…
Illinois Rules of Professional Conduct Rule 1.18 The Illinois Rules of Professional Conduct of 2010 which, sets out the ethical behavior of lawyers, Rule 1.18, specifically says that: (a) A person who discusses with a lawyer the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client. (b) Even when no client-lawyer relationship ensues, a lawyer who has had discussions with a prospective client shall not use or reveal information learned in the consultation, except as Rule 1.9 would permit with respect to information of a former client. (c) A lawyer subject to paragraph (b)…
Presumption of Access The United States Supreme Court has recognized the existence of a common law right of access to judicial records and documents. Additionally, in Illinois, section 16(6) of the Clerks of Courts Act (705 ILCS 105/16(6)) provides for the public’s right to review judicial records. Specifically, that provision provides, in pertinent part, the following: “All records, dockets and books required by law to be kept by such clerks shall be deemed public records, and shall at all times be open to inspection without fee or reward, and all persons shall have free access for inspection and examination to…
This is the July 2017 Illinois criminal case law audio round-up (the fast case law summary). Episode 376 (Duration 18:41) Click here to download the written summary of these cases:  July 2017 Round-Up  The July 2017 Top Illinois Criminal Law Cases (The Monthly Round-Up) Here’s a quick snapshot of the top cases: 1. People v. Holmes Illinois Supreme Court adopts the federal rule in holding that gun arrests before Aguilar are supported by probable cause. 2. People v. Harper Business exception to hearsay did not cover these “you did it” text messages. 3. People v. Avelar Can defendant be…
Kane County Sheriff Ron Hain has instituted a series of new inmate programs. Episode 667 (Duration 34:37) The Kane County Jail’s new Diversion Program is making every effort to leave detainees better off than when they came into the jail. Subscribe: Apple Podcasts | Google PodcastsSpotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD In This Episode… “‘Go and get that bad guy’ is actually a bad way to look at our community.” — Sheriff Ron Hain Sheriff Ron Hain Ron Hain was elected Sheriff of Kane County in 2018.…
Jamie Mosser, candidate for Kane County State’s Attorney, stops by to provide an update on the new Illinois cannabis law and lets us know what’s happening with bail reform in Illinois. Episode 658 (Duration 26:11). Subscribe: Apple Podcasts | Google PodcastsSpotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD In This Episode… “What I want to do is take a strong office that we already have with some amazing people, and I just want to make it better.” — Jamie Mosser. Attorney Jamie Mosser Jaime Mosser is a former Kane…
Mitchell v. Wisconsin, SCOTUS No. 18–6210, Decided June 27, 2019. Episode 647 (Duration 22:02) Unconscious drivers plus natural BAC dissipation create an exigent circumstance for a blood draw. Subscribe: Apple Podcasts | Google PodcastsSpotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Free Printed EditionDUI Special Report… Get Caught Up WithAll The Most Current & ImportantIllinois DUI Cases. Click Here For Special Report. Click here to subscribe Gist Police get a call of a very drunk man driving off. Man Is Found Man is found near a lake stumbling and…
Episode 643 (Duration 31:51) Illinois attorney Gary True explains the risk involved for anyone who reveals their gun in public. Licensed and unlicensed gun carriers have something to worry about.   Subscribe: Apple Podcasts | Google PodcastsSpotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Free Printed EditionDUI Special Report… Get Caught Up WithAll The Most Current & ImportantIllinois DUI Cases. Click Here For Special Report. Click here to subscribe In This Episode… “A law abiding person that exposes his gun too much, what ever too much is, is subject to being…
People v. Kruckenberg, 2019 IL App (3d) 170505-U. Episode 628 (Duration 31:43).  Matthew Paulson and Larry Vandersnick describe a drug interdiction traffic stop and analyze where it went wrong for the prosecution. Subscribe: Apple Podcasts | Google PodcastsSpotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD In This Episode… “The appellate court is looking at what is actually going on in the case versus just looking at the total amount of time.” — Matthew Paulson. Matthew Paulson & Larry Vandersnick Matt Paulson has over 7 years of experience and has…
People v. Drake, 2019 IL 123734 (March). Episode 620 (Duration 11:14) Although the reversal is still good the lower court judgement that double jeopardy barred a retrial is reversed. Subscribe: Apple Podcasts | Google PodcastsSpotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Gist Defendant was sentenced to 20 years’ imprisonment for aggravated battery of a child. Facts At defendant’s bench trial, the nurse testified that, as a registered nurse, she treated J.H. in the pediatric intensive care unit at Stroger Hospital for burns to his buttocks, genital area, and…
People v. Smith, 2019 IL App (3d) 160631 (March). Episode 619 (Duration 14:06) Kid is available for cross even though they don’t remember the actual allegation of sexual abuse. Subscribe: Apple Podcasts | Google PodcastsSpotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Gist Defendant was charged with predatory criminal sexual assault of a child (720 ILCS 5/11- 1.40(a)(1)) in that he placed his penis in the mouth of J.H. Charges The information alleged that defendant was 17 years of age or older at the time of the offense and…
People v. Corral, 2019 IL App (1st) 171501 (March). Episode 618 (Duration 11:38) Kid got his eyewitness expert witness on the stand, but the witness was not allowed to get into what she thought about the reliability of the witness. Subscribe: Apple Podcasts | Google PodcastsSpotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Gist Buyers in a deal to purchase some cannabis instead shot the dealers in an attempt to take the weed. The shooter was a 16 year old. One man was hit 8 times and died. The…
People v. Ruiz, 2019 IL App (1st) 152157 (March). Episode 617 (Duration 15:47) Defendant’s conversation with his buddy is recorded and his friend kept telling him he always takes things too far. Subscribe: Apple Podcasts | Google PodcastsSpotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Gist Defendant was convicted of murder. He shot a killed a guy. Issue Prior to trial, defendant again tried to exclude recorded statements by filing a motion in limine to preclude the introduction at trial of a conversation between defendant and co-arrestee that took place…
People v. Rebollar-Vergara, 2019 IL App (2d) 140871 (March). Episode 616 (Duration 15:29) Defendant gets into an argument with a guy and his buddy ups and shoots him, then sloppy questioning happens in the grand jury room. Subscribe: Apple Podcasts | Google PodcastsSpotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD   Facts Defendant and his buddy approach a rival gang member and trash talking ensues. At one point the defendant’s buddy takes out his gun and fires 10 shots at the guy. One shot hits him in the back and…
People v. Garcia, 2019 IL App (2d) 161112 (March). Episode 615 (Duration 15:28) Prosecutor used an inartful example to illustrate accountability, but this was not plain error. Subscribe: Apple Podcasts | Google PodcastsSpotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD   Gist Following a trial in the circuit court of Boone County, a jury found defendant, Ricardo A. Garcia, guilty of first-degree murder in connection with the shooting death of Giovanni Galicia (720 ILCS 5/9-1(a)(1), (a)(2), (a)(3)). Defendant was also found guilty of mob action (720 ILCS 5/25-1(a)(1)). He was…