Jan 26, 2017
This month featured two fundamental principles that rang through loud and clear.
It's an open question if December 2016 marks the beginning of a new paradigm in Illinois sentencing...or will the Illinois Supreme Court knock down this "experiment" in sentencing by the appellate courts.
Plus, we relearned a hard lesson about widespread police misconduct.
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Don't forget to download your copy of the case list to peruse when you feel good and ready...or you can listen to the cases by pushing "play" and subscribing now.
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Here's a quick snapshot of what's included in the podcast and the December case list:
1. People v. Harris
This 18 year old gets a new sentencing hearing because he had a 76 year de facto life sentence
2. People v. Horta
This 18 year old does not get a new sentencing hearing even though he had a 59 year de facto sentence. Hmmm?
3. People v. Busse
How do you steal quarters out of a vending machine without breaking the machine? Why this is the case to have in your back pocket for every single nonviolent sentencing hearing you have to do.
4. People v. Smith
How do you measure 21 years of age when it comes to mandatory X sentencing?
5. People v. Gonzalez
Notorious corrupt detective handled this defendant's witness identification. The witness changed her tune after the detective was done with her...but defendant is entitled to no appellate relief.
6. People v. Hauad
This murder defendant likely did not commit the murder....appellate relief denied!
7. People v. McDonald
Why you shouldn't overlook the standard of review for lesser includes. It 100% effects what you should argue to get your lesser included admitted.
8. People v. Evans
This step-grand mother was treated badly by the trial judge. Now he get's to retry the case.
9. People v. Fernandez
Sometimes your ID and passport don't prove a freak-en thing. See how this defendant's identification discovered in "his" bedroom failed to establish it was "his" bedroom.
10. People v. Burnett
Never jump on the floorboard of your van when it's being stolen. Even if the defendant is not suffering from hallucinations, disorganized thinking, and drug addiction; it can't turn out good for you.
11. People v. Wiggins
How does Texas's lack gun laws effect a Texans liability for gun possession in Illinois?
12. People v. Gutierrez
This defendant went to bed with the wrong girl. Soon thereafter the police where in the bedroom and he was in handcuffs. See how this cases touches on almost everything we ever talk about on the podcast.
13. People v. Cielak
Let's nitpick the observation period, just for the reviewing court to tell us "substantial" compliance means we haven't proven a thing.
14. People v. Kavanaugh
There's no reward for acing the field sobriety tests.
15. People v. Parker
This defendant actually asked her, "Do you think I'm going to rape you." You replied, "Yes!". How do you think this affected the consent issue?
16. People v. Vara
A peek behind the relatively new anti-"grooming" statute.
17. People v. Applewhite
What happens when 115-10 statements collide with Rule 613(c)?
18. People v. Staple
The rule against double jeopardy is intended to be a shield and not a sword. At the trial level, defendant quite effectively destroyed the State in this fencing match.
The hard work has already been done for you. To get your hands on the December 2016 Illinois criminal case list just click the orange button below.