RAPE: Jury improperly instructed that Defendant acted “knowingly” if he was aware only of a “high probability” that victim was unable to give consent due to intoxication… conviction reversed, remanded for new trial… Whelan reversed. [Read more…]
Mental commitment, 1-year recommitment jurisdiction
MENTAL COMMITMENT: 1-year recommitment to NCC affirmed over claim of lost jurisdiction… Perry affirmed. [Read more…]
DUI, closing by Defendant who chose not to testify
DUI: Felony conviction affirmed over challenge by pro se Defendant found intoxicated in single-vehicle MVA who chose not to testify to not being allowed to make statements in closing not made under oath at trial… Wilson affirmed. [Read more…]
Jury right denied for failure to appear at pretrial
JURY RIGHT properly found waived by failure to appear at pretrial hearing, disorderly conduct conviction affirmed… Halligan affirmed. [Read more…]
Sentencing, pilot conditions permitting search of devices
SENTENCING: AP&P pilot conditions permitting search of devices and disclosure of intimate partner relationships improperly imposed on PFMA Defendant… Kutzman reversed. [Read more…]
SIWC/incest of 3-year-old step-daughter, video witness
SIWC/INCEST of 3-year old step-daughter affirmed over challenge to video testimony by former cell mate from Illinois federal prison and admissions of victim’s forensic interview and other statements from 2018 at 2021 trial… sexual assault reversed as duplicative… Larson affirmed, reversed. [Read more…]
Drugs, contempt arrest for mere presence in casino
DRUGS: Pre-release Defendant’s mere presence in casino insufficient probable cause to arrest for contempt of court… meth found in subsequent search of car should have been suppressed… good faith/independent source exceptions to exclusionary rule rejected… Dayton reversed. [Read more…]
Burglary/assault accountability, “multiple conviction”
ACCOUNTABILITY: Sufficient evidence to convict of accountability for aggravated burglary but conviction of accountability for assault with weapon violated “multiple conviction” statute… Kutzman affirmed, reversed. [Read more…]
Mitigated deliberate homicide, “disaster” of a case
MITIGATED DELIBERATE HOMICIDE: Cumulative errors including failure to disclose Brady phone evidence and violation of in limine order precluding drug reference in trial described by Judge as “a disaster” undermined claim of self-defense shooting such that new trial is warranted… Rieger reversed. [Read more…]
Mental commitment, waiver of rights, involuntary meds
MENTAL COMMITMENT: Signed stipulation properly construed as valid waiver of rights but prior authorization to involuntary medicate improperly provided… Recht affirmed, reversed. [Read more…]
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