New Cases in Illinois January 2016
Illinois Supreme court acknowledges that eyewitness identification experts have their place in Illinois criminal trials.
Asking for a driver’s license in a lawfully initiated stop is always reasonable because identifying the driver is within the scope of every traffic stop.
In this sex case, the prosecutor was found to have committed prosecutorial misconduct when he argues from the witness stand, attacks the character of the defendant, criticizes the cross examination of the victim by counsel, and persistently tells the jury that the victim was mentally handicapped even though the evidence in the case did not reveal any mental infirmities.
“John Doe” warrants do not preclude a Frank’s Hearing. A defendant may challenge the veracity of an officer who drags a criminal informant before a warrant judge.
An officer may provide lay person opinion testimony that the accused is the person depicted in surveillance video images.
The double drug enhancement in the drug act is inconsistent with the code of corrections. Therefore, the double drug enhancement cannot be applied when the code of corrections is applicable.
The part of the AUUW section that prevents liability when the accused is “on the land or in the legal dwelling of another person as an invitee” is an affirmative defense that must be proven by the state only when the issue is appropriately brought up.
There is a difference between being placed on a county wide organized form of work release and being placed on normal probation with permission to be released to go to work. One has a 12 month restriction the other does not.
In DNA cases, a random match probabilities of 50% is inherently prejudicial and should never be admitted. Go to case.
Driving a defendant to the location of his girlfriend’s arrest was an interrogation tactic, thus defendant’s statement was suppressed.
The premature arrest of the murder defendant was followed up by persistently ignoring his request for an attorney, so “no” the taint of the illegal arrest was not attenuated sufficiently to admit his confession. Defendant’s statement was suppressed.