DRUGS: Suppression motion properly decided on briefs (and denied) after Defendant failed to appear… Lint affirmed (memorandum). [Read more…]
Failure to register, alleged hearsay
FAILURE TO REGISTER: Sufficient evidence to convict regardless of alleged hearsay error… Ulbricht affirmed (memorandum). [Read more…]
Drugs, mistaken identity man with red wig
DRUGS: Man with red wig who turned out to not be the one a tipster identified as subject of local arrest warrant but who upon further investigation turned out to be subject of other warrants was properly stopped pursuant to Terry, meth discovered in jail intake search properly not suppressed… McElyea affirmed (other grounds). [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…]
Tampering, alleged hearsay, circumstantial evidence
TAMPERING: Conviction affirmed over challenge to alleged hearsay statement and circumstantial evidence… McMahon affirmed. [Read more…]
Incest, credibility bolstering
INCEST: Conviction of sex with teen daughter affirmed over challenge to Prosecutor’s bolstering in closing and prior consistent statements… restrictions improperly imposed on internet use… Laird affirmed, reversed (memorandum). [Read more…]
Drugs, community caretaker chat to discovery of drugs
DRUGS: Community caretaker chat with driver slumped over wheel properly expanded to probationary search and discovery of drugs… Owen affirmed. [Read more…]
Drugs, no particularized suspicion for dog sniff
DRUGS: Officer lacked particularized suspicion to justify a dog sniff, meth found in vehicle should have been suppressed… Oldenburg reversed. [Read more…]
Attempted kidnap/obstruction, grasping arm of teen
ATTEMPTED KIDNAP/OBSTRUCTION convictions for grasping arm of teen and fleeing bicycle officer affirmed… Halligan affirmed (memorandum). [Read more…]
Deputy qualifications, non-compliant mental evaluations
DEPUTY QUALIFICATIONS: Deputies who had not completed mental evaluations by a qualified provider lacked authority to stop and arrest 3 DUI Defendants… supervisory control granted reversing Vannatta’s reversal of JP Taron’s suppression orders… Order. [Read more…]
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