Here are the top 13 criminal law cases from the Illinois court system for March 2016. The first 4 are from the Illinois Supreme Court. Number 4 was a victory for the defense at the lower level and the Illinois Supreme Court had something to say about that.
- People v. Burns
The “no-nights visits” rule is affirmed, can’t bring the sniffer dog to your front step for a little sniff action.
- People v. Bradford
Prosecution no longer allowed to overcharge an ordinary retail theft to a burglary.
- People v. Clark
Aggravated vehicular hijacking and armed robbery without a firearm are not lesser-included offenses of aggravated vehicular hijacking and armed robbery with a firearm.
- People v. Timmsen
Apparently, the police can stop you for trying to legally avoid a roadblock.
- People v. Abram
Officers approach defendant who was sitting in his car he then, to say the least, ensues in outright flight.
- People v. Smith
This trial judge was overruled; there is nothing unconstitutional about requesting citizen’s to roll up their sleeves.
- People v. Thompson
Some of the State’s remarks relied on questionable advocacy, but did not rise to the level of clear and obvious error.
- People v. Meuris
In a leaving the scene of an accident prosecution the State must not only prove that Defendant knew he was involved in an accident but also that another person was involved.
- People v. Weinke
Reviewing court says ASA exaggerated the severity of victim’s condition and misled the court as to the source and timing of her information in order to pressure the court into granting a quickie deposition.
- People v. Tayborn
Trial counsel was ineffective for not challenging defendant’s confession given without Miranda warnings.
- People v. Little
Cigarette break is not a sufficient amount of time to remove the taint of the original Miranda violation.
- People v. Gray
These drug officers were themselves charged with distributing narcotics and Defendant was not told about the investigation before he plead guilty to his own drug charges.
- People v. Fulton
In a charge of armed habitual criminal the same conviction can be used as one of the predicate offenses as well the predicate to the UUW Felony conviction that may be being used.