Kane County Nuggets

March 2017 Illinois Criminal Case Law Round-Up


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This is the March 2017 Illinois criminal case law audio summary. Episode 324 (Duration 35:31)

There were 44 published opinions in March!

Buckle your seats we're covering the most important ones right here.

Click here to download the written summary of these cases:  March 2017 Round-Up 

The Top Illinois Criminal Cases For March 2017

Here's a quick snapshot of the top cases:

1. Pena-Rodriguez v. Colorado

The constitution must allow for some form of judicial inquiry when it becomes clear that a juror has allowed some kind of racial bias to influence their verdict.

2. People v. Howard

Illinois Supreme Court upholds the constitutionality of anti loitering statute for sex offenders.

3. In re A.S.

State fails to raise a race neutral reason for its jury strikes, reversal required.

4. People v. Manning

Second murder trial is also reversed; this time because the judge did not poll the jury on the second degree murder question.

5. People v. Lozano

State failed to prove that the gang partook in a pattern of criminal activity.

6. People v. Pearse

Illinois Supreme Court acknowledges that SORA is a big bloody mess and calls for legislative clarification and police practice changes.

7. People v. Gomez

Another failure to register as a sex offender is overruled; really highlighting it matters how they charge these things.

8. People v. Fretch

Defendant said he was completley denying that he masterbated, therefore it was appropriate for the court to admit the other crimes evidence to prove his intent.

9. People v. Quraish

Do the words, "Come Here." alone constitute a seizure?

10. In re Elijah W.

Plain clothes officer sternly telling a kid to "come here" is a seizure.

11. People v. Evans

Defendant kept putting his hands in his pocket after he was repeatedly told to take them out; frisk for weapons justified.

12. People v. West

This obvious drug interdiction traffic stop was nonetheless 100% consensual.

13. People v. Garcia

Police entered a home without a warrant to make a misdemeanor arrest; the exclusionary rule does not mandate suppression of evidence.

14. People v. Whitfield

Error to admit this unrecorded statement in this murder investigation.

15. People v. Hernandez

Confession is out; giving the defendant a fake gun residue test did not sufficiently attenuate the bad arrest.

16. People v. French

Little review of hearsay rules may do us some good.

17.  People v. O'Dette

There was an abuse of the grand jury subpoena power in this child porn case, but defendant needs to show prejudice for relief.

18. People v. Sevedo 

The domestic violence advocate-victim privilege comes under scrutiny but survives intact.

19. People v. Zimmerman

Press has a right to read the lascivious motions in limine filed by the defense but sealed by the trial court.

20.  People v. Thomas

In the First Appellate District the First Division comes out against the Second Division on the issue of what to do with violent youthful offenders.

21. People v. Morris

Remand for resentencing is appropriate even though this youthful killer had a malignant heart (new law not applied retroactively).

22. People v. Buffer

Remand for resentencing is appropriate new law allowed to be applied retroactively.

23. People v. White

Reversal when judge gets annoyed with defendant who wants to show him his tattoos.

24. People v. Gocmen

Officer untrained in the use of narcotics doesn't know enough to make this DUI drug arrest.

25.  People v. Acevedo

Discovery sanction in this rescission hearing consisted of a finding that the defendant met its initial burden, then the State was allowed to have the officer testify to the probable cause for the DUI arrest.

...more
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Kane County NuggetsBy Samuel Partida, Jr.

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