This week's roundup covers commitment proceedings, felony murder, sentencing challenges, gun charges, and post-conviction practice from across Illinois's appellate districts.

In re Commitment of D. — The First District held the State may voluntarily dismiss and same-day refile a mental health commitment petition, with the respondent bearing the burden to show case-specific good cause to block dismissal, and found the officer-identification requirement under section 3-606 was triggered — https://www.courtlistener.com/opinion/10976881/in-re-commitment-of-d/

People v. Williams — The First District held the new statutory amendment eliminating the cause requirement for successive postconviction petitions by emerging adults applies retroactively and that Williams made a sufficient prejudice showing to proceed — https://www.courtlistener.com/opinion/10976875/people-v-williams/

People v. Doolin — The Fifth District held that a shooting cannot serve as its own felony murder predicate for the intended target under the merger doctrine, but felony murder can still apply to an unintended victim killed in the same act — https://www.courtlistener.com/opinion/10976205/people-v-doolin/

People v. Chambers — The Fourth District affirmed dismissal of a postconviction petition, holding a 42-year sentence for a murder committed a month after turning eighteen does not violate the proportionate penalties clause despite expert evidence of cognitive impairment — https://www.courtlistener.com/opinion/10975420/people-v-chambers/

People v. Gerger — The First District held a concealed carry licensee is statutorily exempt from felony unlawful use of a weapon prosecution for carrying into a bar, and that a chaotic struggle over the gun defeated proof of reckless discharge — https://www.courtlistener.com/opinion/10974735/people-v-gerger/

People v. Plant — The Fifth District held that DNA testing continuances toll, rather than add to, the Pretrial Fairness Act's ninety-day detention clock, requiring a day-by-day tolling calculation — https://www.courtlistener.com/opinion/10970576/people-v-plant/

People v. Riddlespriger — The Fifth District held postconviction counsel is not required to retain a juvenile brain science expert for emerging-adult proportionate penalties claims, as lay testimony can satisfy the reasonable assistance standard — https://www.courtlistener.com/opinion/10970216/people-v-riddlespriger/

People v. Podcast is presented by DRD Law, LLC, Chicago | drdlawllc.com | (312) 909-6570. This podcast is attorney advertising and is not legal advice.

This week on People v. Podcast, two First District rulings on postconviction and post-sentencing relief.

People v. Colbert — The First District held the circuit court must actually apply the gender-based-violence and postpartum-psychosis sentencing relief statutes rather than rely on the original sentencing record, vacating and remanding for an evidentiary hearing — https://www.courtlistener.com/opinion/10967518/people-v-colbert/

People v. Moore — The First District reversed denial of leave to file a third successive postconviction petition, holding a recanting eyewitness's affidavit was newly discovered, noncumulative, and sufficient to warrant further proceedings — https://www.courtlistener.com/opinion/10967429/people-v-moore/

People v. Podcast is presented by DRD Law, LLC, Chicago | drdlawllc.com | (312) 909-6570. This podcast is attorney advertising and is not legal advice.

This week we cover two Illinois appellate decisions on pretrial release and detention procedure.

People v. Franklin — The Second District held that the Corrections Code exclusion for offenses like first degree murder applies only at sentencing, not to pretrial electronic home monitoring, vacating the detention order. — https://www.courtlistener.com/opinion/10961698/people-v-franklin/

People v. Mayer — The Fourth District held that a defendant waived his conflict-of-interest claim regarding counsel by failing to raise it in his motion for relief from detention as required by Supreme Court Rule 604(h)(2), affirming the denial. — https://www.courtlistener.com/opinion/10961697/people-v-mayer/

People v. Podcast is presented by DRD Law, LLC, Chicago | drdlawllc.com | (312) 909-6570. This podcast is attorney advertising and is not legal advice.

This week we cover two First District decisions on postconviction proceedings and proportionate penalties claims.

People v. Sparkman — A new statutory amendment removes the cause requirement for successive postconviction petitions raising proportionate penalties claims for offenses committed under age twenty-one, so the court reversed dismissal and remanded for a third-stage hearing on Sparkman's mandatory life sentence. — https://www.courtlistener.com/opinion/10953597/people-v-sparkman/

People v. Denham — Postconviction counsel does not render unreasonable assistance by failing to hire an expert or research brain-science literature the client never requested or supported with record evidence, so the dismissal of Denham's petition was affirmed. — https://www.courtlistener.com/opinion/10953212/people-v-denham/

People v. Podcast is presented by DRD Law, LLC, Chicago | drdlawllc.com | (312) 909-6570. This podcast is attorney advertising and is not legal advice.

This week's episode covers a key detention-appeal procedural ruling from the Third District.

People v. Walters Jr. — The Third District held that new evidence cannot be introduced at a motion for relief hearing following a pretrial detention order, as that hearing is meant only to frame issues for appeal, not to relitigate detention. — https://www.courtlistener.com/opinion/10947548/people-v-walters-jr/

People v. Podcast is presented by DRD Law, LLC, Chicago | drdlawllc.com | (312) 909-6570. This podcast is attorney advertising and is not legal advice.

This week's Illinois criminal law roundup covers MSR admonishments, ineffective assistance in a sexual assault trial, force and lay opinion testimony, stipulated bench trials, and home invasion statutory interpretation.

People v. Ruth — Rule 472 cannot be used to lock in an unauthorized MSR term merely because the judge misstated it at the plea hearing — https://www.courtlistener.com/opinion/10942324/people-v-ruth/

People v. Ramirez — Counsel's failure to object when the prosecutor incorrectly told the jury a hand qualifies as an object for sexual penetration constituted ineffective assistance requiring reversal — https://www.courtlistener.com/opinion/10942268/people-v-ramirez/

People v. Dailing — Neck-grabbing testimony sufficed to prove force, and a detective's observations of bruising were proper lay opinion rather than expert testimony — https://www.courtlistener.com/opinion/10940160/people-v-dailing/

People v. Haskins — A stipulated bench trial preserving a suppression issue is not converted into a guilty plea requiring Rule 402 admonishments merely because counsel later failed to preserve that issue — https://www.courtlistener.com/opinion/10940157/people-v-haskins/

People v. Kent — Home invasion does not require the injury to occur inside the dwelling, only that the victim was inside when the defendant unlawfully entered — https://www.courtlistener.com/opinion/10939464/people-v-kent/

People v. Podcast is presented by DRD Law, LLC, Chicago | drdlawllc.com | (312) 909-6570. This podcast is attorney advertising and is not legal advice.

This week's Illinois criminal law roundup covers pretrial release revocation, constructive possession and DNA-refusal evidence, and civil asset forfeiture jurisdiction.

People v. Fredrickson — A defendant released on citation/summons is still on pretrial release, so revocation can proceed even without a formal court-ordered conditions hearing. — https://www.courtlistener.com/opinion/10937929/people-v-fredrickson/

People v. Thomas — Circumstantial evidence of flight and location supported constructive possession, and defense counsel's opening statement highlighting missing DNA testing opened the door for the State to explain the defendant's refusal to provide a comparison sample. — https://www.courtlistener.com/opinion/10937926/people-v-thomas/

People v. 2017 Lexus RX 350 — A circuit court retains in rem jurisdiction over property in a civil forfeiture action even after dismissal, and must affirmatively direct disposition of the property before the case is truly over. — https://www.courtlistener.com/opinion/10936438/people-v-2017-lexus-rx-350/

People v. Podcast is presented by DRD Law, LLC, Chicago | drdlawllc.com | (312) 909-6570. This podcast is attorney advertising and is not legal advice.

This week's episode covers three new Illinois appellate decisions on pretrial release revocation, gun possession, and civil forfeiture.

People v. Fredrickson — A defendant on pretrial release can have that release revoked for committing a new felony even if he was never formally informed of his release conditions, since the law presumes knowledge that new crimes are prohibited — https://www.courtlistener.com/opinion/10937929/people-v-fredrickson/

People v. Thomas — Flight while clutching a waistband combined with a gun found along the escape route is sufficient circumstantial evidence of constructive possession, and defense counsel's opening statement about missing DNA evidence can invite the State to explain that the defendant refused to provide a DNA sample — https://www.courtlistener.com/opinion/10937926/people-v-thomas/

People v. 2017 Lexus RX 350 — A trial court cannot simply dismiss a civil forfeiture case and disclaim further responsibility over seized property; it retains in rem jurisdiction and must affirmatively resolve the claim's sufficiency and the property's disposition before its authority ends — https://www.courtlistener.com/opinion/10936438/people-v-2017-lexus-rx-350/

People v. Podcast is presented by DRD Law, LLC, Chicago | drdlawllc.com | (312) 909-6570. This podcast is attorney advertising and is not legal advice.

This week's docket covers postconviction battles, sexually violent person commitment review, and a retail theft expungement statute clash.

People v. Salinas — A deficient Rule 651(c) certificate and a strong newly-discovered evidence claim send an actual innocence petition back for an evidentiary hearing — https://www.courtlistener.com/opinion/10935071/people-v-salinas/

In re Detention of Morris — Annual SVP reexamination hearings compare only to the most recent review, and vague treatment gains or aging alone won't secure a jury hearing — https://www.courtlistener.com/opinion/10934591/in-re-detention-of-morris/

People v. Reyes — A young adult offender's as-applied proportionate penalties challenge based on individualized psychological evidence survives res judicata and timeliness bars, earning an evidentiary hearing — https://www.courtlistener.com/opinion/10934588/people-v-reyes/

People v. Jenkins — Retail theft expungements require a five-year wait under the more specific Corrections Code provision, not the general two-year catch-all — https://www.courtlistener.com/opinion/10933447/people-v-jenkins/

People v. Podcast is presented by DRD Law, LLC, Chicago | drdlawllc.com | (312) 909-6570. This podcast is attorney advertising and is not legal advice.

This week's roundup covers discovery violations, plea admonitions, sentencing issues, and a district split on jail credit.

People v. Lee — The State's duty to preserve video evidence under Rule 412(f) arises once it requests footage from police, regardless of whether a discovery motion has been filed, and barring the officer's testimony was a proportionate sanction for its destruction — https://www.courtlistener.com/opinion/10932610/people-v-lee/

People v. Bell — A trial court must verbally recite the applicable Rule 605 admonitions in full, and a defendant need not show prejudice when that requirement is not met — https://www.courtlistener.com/opinion/10932276/people-v-bell/

People v. Love — Predatory criminal sexual assault of a child requires skin-to-skin contact, so touching over clothing supports only aggravated criminal sexual abuse, while the eavesdropping fear-of-crime exception and intent evidence were properly upheld — https://www.courtlistener.com/opinion/10927754/people-v-love/

People v. Duddleston — Sentence credit for self-improvement programs and work assignments under section 3-6-3 applies to pretrial detainees, not just DOC inmates, creating a split with the Third District's Williamson decision — https://www.courtlistener.com/opinion/10927384/people-v-duddleston/

People v. Podcast is presented by DRD Law, LLC, Chicago | drdlawllc.com | (312) 909-6570. This podcast is attorney advertising and is not legal advice.