People v. Campbell, 2019 IL App (1st) 161640 (April). Episode 630 (Duration 11:07) Court is not insensitive to claims of “dropsy” testimony and “testilying.” Charges Campbell was charged with nine counts of aggravated unlawful use of a weapon (

Drug Overdose Immunity Enforced In The 3rd District

May 29th, 2020 7m 33s

People v. Markham, 2019 IL App (3d) 180071 (April). Episode 626 (Duration 7:32) State says overdose immunity should not kick in since defendant was feeling good enough to ask for his wallet and keys. Gist This is a possession of heroin case. Fa

Why A Hung Jury Generally Avoids Double Jeopardy Problems

May 13th, 2020 9m 42s

People v. Kimble, 2019 IL 122830 (April). Episode 622 (Duration 9:42) Judge declared a mistrial kind of early, still double jeopardy was not implicated. Gist This was a sex abuse case. The lower appellate court prevented a new trial base

3 Districts All Have Said The Smell Of Weed Still Justifies A Car Search

May 13th, 2020 7m 37s

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. Charges Defendant Jeremiah Paige Rice was charged with one count

Court Is Taking The Discovery Rules Seriously In Summary Suspension Hearings

Apr 20th, 2020 19m 2s

People v. Patel, 2019 IL App (2d) 170766 (March). State failed to produce discover for the SSS Hearing, they subsequently blew Trainor. Charges Defendant was charged with two counts of driving while under the influence of alcohol (625 ILCS 5/11

Can The State Compel You To Give Up Your Phone Passcode?

Apr 15th, 2020 11m 56s

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? Charges Defendant was arrested for unlawful possession of a controlled substance and later also charg

March 2019 Speed Round (The Illinois Criminal Case Law Round Up)

Apr 6th, 2020 41m 18s

This is the March 2019 Illinois criminal case law audio round-up (the fast case law summary). The March 2019 Top Illinois Criminal Law Cases (The Monthly Round-Up) Here’s a quick snapshot of the top cases: 1. People v. Patel State failed to p

State Blows Speedy Trial Even Though Defense Counsel Agreed To The Continuance

Apr 1st, 2020 9m 22s

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. Charge Defendant, Bryant K. Mooney Jr., appeals following his conviction for driving w

When Easily Identifiable Informants Are Treated As Anonymous Tipsters

Mar 23rd, 2020 9m 34s

People v. Holmes, 2019 IL App (1st) 160987 (March). Episode 601 (Duration 9:33) An essentially anonymous tip was treated as wholly unreliable resulting in an outright reversal of this gun conviction. Gist Police approach a man with a gun

Scott’s Law In Illinois 625 ILCS 5/11-907(c)

Mar 18th, 2020 13m 45s

Scott’s Law in Illinois is the requirement that drivers slow down and move over when police cars or other emergency vehicles are stopped on the roadway. Scott’s Law Basically Says… Scott’s law requires that a driver proceed cautiously when an e

Police Search This Property Without A Warrant State Concedes Some Illegality

Mar 13th, 2020 13m 5s

In re K.M., 2019 IL App (1st) 172322 (February). Episode 595 (Duration 13:05) Police entered onto private property without a warrant to retrieve stolen property, the fallout is widespread. Anonymous Call Sauk Village Police Department received

In 2020 Can Police Search Your Car If They Smell Marijuana?

Mar 4th, 2020 44m 50s

After Illinois passed the Cannabis Regulation and Tax Act which became effective in 2020, can police still search a car when they smell cannabis? The Old “Smell Of Weed Rule” In Illinois Before Decriminalization Of 2020 The warrantless search o

February 2019 Speed Round (The Illinois Criminal Case Law Round Up)

Mar 2nd, 2020 14m 12s

This is the February 2019 Illinois criminal case law audio round-up (the fast case law summary). Episode 598 (Duration 14:12) The February 2019 Top Illinois Criminal Law Cases (The Monthly Round-Up) Here’s a quick snapshot of the top cases: 1.

When Is A Criminal Informant Considered A Witness Who Has To Testify?

Feb 26th, 2020 9m 39s

People v. Monroy-Jaimes, 2019 IL App (2d) 160426 (January). Episode 586 (Duration 9:38) Interesting use of an informant, how much of it was legal? Confidential Informant Police had an individual who was in custody for having possessed drugs wit

Daniel Epstein Is Running For The Illinois Supreme Court

Feb 18th, 2020 35m 6s

In Episode 738 (Duration 35:06) Illinois attorney Daniel Epstein sat down with the Criminal Nuggets Podcast and told us about his vision for the Illinois Supreme Court. In This Episode… “These rules people don’t think about very much actually h

Traffic Stop Based On Mistaken Identity Is Considered A Reasonable Mistake of Fact

Feb 12th, 2020 16m 8s

People v. Hill, 2019 IL App (4th) 180041 (January). Episode 584 (Duration 16:08) Officer sees passenger riding low in the seat and he thinks it may be a guy wanted on warrant, turns out it wasn’t him. Gist Defendant was the driver of the car. T

Double Jeopardy Trap Snaps And Ensnares This Judge

Feb 3rd, 2020 11m 4s

People v. Shoevlin, 2019 IL App (3d) 170258 (January). Episode 583 (Duration 11:04) Serious double jeopardy concerns are raised when the judge declares a mistrial in this domestic battery case. Gist In this trial for domestic battery the defend

DUI License Suspension On Private Property

Jan 29th, 2020 10m 18s

People v. Relwani, 2019 IL 123385 (January). Episode 582 (Duration 10:18) Defendant needed to say something about the private nature of the Walgreen’s parking lot. Here’s the lower court opinion. People v. Relwani, 2018 IL App (3d) 170201 (Febr

Chicago Police Body Cam Discovery With Peter Lewis: What To Do When You Don't Get It

Jan 8th, 2020 33m 57s

Episode 724 (Duration 33:57). Chicago defense attorney Peter Lewis explains what a litigant can do when their criminal discovery is missing the police body cam video. In This Case... The State's Attorney's position is if they didn't get it

Bonus

Illinois Residential Burglary Statute Makes It A Class 1 Felony

Nov 15th, 2019 2m 41s

Residential Burglary In Illinois In Illinois residential burglary is class 1 felony. The crime is defined by statute this way: A person commits residential burglary when he or she knowingly and without authority enters or knowingly and without

A Break Down Of The Illinois Custodial Sexual Misconduct Statute With Michael Wepsiec

Nov 12th, 2019 29m 55s

Episode 698 (Duration 29:54). Attorney Michael Wepsiec of Murphosboro, Illinois deconstructs the custodial sexual misconduct criminal law statute. In This Episode... "'Hey I'm on parole, date me.' No body says that." -- Michael Wepsiec Attorn

Illinois v. Caballes: The Police Drug Dog Sniffer Case

Nov 8th, 2019 1m 44s

Illinois v. Caballes, 543 U.S. 405 (2005). SCOTIS Notice (Duration 1:43) This is the SCOTUS case that set the framework for the use of drug dogs in the United States. [insert mp3 player] This opinion normalized the use of drug dogs by police d

What To Do About Fatally Flawed Criminal Charges: Alan Downen Interview

Oct 8th, 2019 31m 59s

People v. Rowell, 229 Ill. 2nd 82 (May 2008). Episode 686 (Duration 31:58) What's the best way to handle legally insufficient criminal charges? In this episode you get a feel for what it's like working in the criminal law. Subscribe: Apple

Disorderly Conduct Conviction For Making A Threat Must Get Past Free Speech Protection

Sep 24th, 2019 18m 47s

People v. Khan, 2018 IL App (2d) 160724 (October). Episode 561 (Duration 18:46) Dude posted a message on facebook that he carries a gun on the college campus and people gonna end up in a body bag if they don't stop messing with him. Gist Defend

Expert Testimony On Drug Use Is Not Always Required Sometimes Any Joe Shmoe Can Identify Impairment From Drug Use

Sep 24th, 2019 14m 15s

People v. Gocmen, 2018 IL 122388 (September). Episode 540 (Duration 14:15) In obvious cases an officer need not be a drug detection expert to conclude a driver is under the influence of drugs. Lower Case Opinion People v. Gocmen, 2017 IL App (