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Criminal Nuggets | A Criminal Law Podcast

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This is what truly efficient legal learning looks like. Samuel Partida, Jr. has a way of turning dry, criminal court decisions into understandable bits of valuable knowledge. The nuggets of information just plop out of the cases. Sam has a knack of focusing on the choices made by the people, the lawyers and the judges in the cases. Under this kind of learning regime, the lessons just naturally fall out of the discussion. Anyone with a desire to learn the criminal law in a fundamental way will find a home here. Staying current with the case law has never been this easy, nor this fun.

This is what truly efficient legal learning looks like. Samuel Partida, Jr. has a way of turning dry, criminal court decisions into understandable bits of valuable knowledge. The nuggets of information just plop out of the cases. Sam has a knack of focusing on the choices made by the people, the lawyers and the judges in the cases. Under this kind of learning regime, the lessons just naturally fall out of the discussion. Anyone with a desire to learn the criminal law in a fundamental way will find a home here. Staying current with the case law has never been this easy, nor this fun.
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Location:

United States

Description:

This is what truly efficient legal learning looks like. Samuel Partida, Jr. has a way of turning dry, criminal court decisions into understandable bits of valuable knowledge. The nuggets of information just plop out of the cases. Sam has a knack of focusing on the choices made by the people, the lawyers and the judges in the cases. Under this kind of learning regime, the lessons just naturally fall out of the discussion. Anyone with a desire to learn the criminal law in a fundamental way will find a home here. Staying current with the case law has never been this easy, nor this fun.

Language:

English


Episodes

Ron Hain Kane County Sheriff Has Started A Series Of New Jail Programs Designed To Leave Inmates Better Off Than When They Came In

8/22/2019
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Kane County Sheriff Ron Hain has instituted a series of new inmate programs. Episode 667 (Duration 34:37) The Kane County Jail's new Diversion Program is making every effort to leave detainees better off than when they came into the jail. In This Episode... "'Go and get that bad guy' is actually a bad way to look at our community." -- Sheriff Ron Hain Sheriff Ron Hain Ron Hain was elected Sheriff of Kane County in 2018. As a deputy his number one focus was on gang and drug...

Duration:00:34:36

Updates On Cannabis Law & Bail Reform With Jamie Mosser Candidate For Kane County State’s Attorney

7/31/2019
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Jamie Mosser, candidate for Kane County State's Attorney, stops by to provide an update on the new Illinois cannabis law and lets us know what's happening with bail reform in Illinois. Episode 658 (Duration 26:11). In This Episode… “What I want to do is take a strong office that we already have with some amazing people, and I just want to make it better.” — Jamie Mosser. Attorney Jamie Mosser Jaime Mosser is a former Kane County Assistant State’s Attorney. She’s now in private practice,...

Duration:00:26:11

Why You Should Never Pass Out While In Police Custody...You May Find Yourself In A Hospital Getting Jabbed For Blood

7/8/2019
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Mitchell v. Wisconsin, SCOTUS No. 18–6210, Decided June 27, 2019. Episode 647 (Duration 22:02) Unconscious drivers plus natural BAC dissipation create an exigent circumstance for a blood draw. Gist Police get a call of a very drunk man driving off. Man Is Found Man is found near a lake stumbling and slurring his words. He could hardly stand without the support of two officers. Field sobriety tests were hopeless, if not dangerous, but he could blow for a preliminary breath test. It...

Duration:00:22:02

Gary True On What Happens When Police See Your Gun In Public

6/3/2019
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Episode 643 (Duration 31:51) Illinois attorney Gary True explains the risk involved for anyone who reveals their gun in public. Licensed and unlicensed gun carriers have something to worry about. In This Episode... "A law abiding person that exposes his gun too much, what ever too much is, is subject to being charged and subject to being searched ." -- Gary True. Attorney Gary True Gary True practices in the areas of business and corporate law, mergers and acquisitions and estate...

Duration:00:31:51

Matthew Paulson & Larry Vandersnick Explain Exactly What Is Happening During This Common Kind Of Traffic Stop

5/14/2019
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People v. Kruckenberg, 2019 IL App (3d) 170505-U. Episode 628 (Duration 31:43). Matthew Paulson and Larry Vandersnick describe a drug interdiction traffic stop and analyze where it went wrong for the prosecution. In This Episode... "The appellate court is looking at what is actually going on in the case versus just looking at the total amount of time." -- Matthew Paulson. Matthew Paulson & Larry Vandersnick Matt Paulson has over 7 years of experience and has distinguished himself in...

Duration:00:31:42

Double Jeopardy Concern Means There WILL BE A Second Trial In This Case

4/24/2019
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People v. Drake, 2019 IL 123734 (March). Episode 620 (Duration 11:14) Although the reversal is still good the lower court judgement that double jeopardy barred a retrial is reversed. Gist Defendant was sentenced to 20 years’ imprisonment for aggravated battery of a child. Facts At defendant’s bench trial, the nurse testified that, as a registered nurse, she treated J.H. in the pediatric intensive care unit at Stroger Hospital for burns to his buttocks, genital area, and legs. When...

Duration:00:11:14

Butt In The Box Rule Means Your Available For Cross Examination

4/23/2019
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People v. Smith, 2019 IL App (3d) 160631 (March). Episode 619 (Duration 14:06) Kid is available for cross even though they don't remember the actual allegation of sexual abuse. Gist Defendant was charged with predatory criminal sexual assault of a child (720 ILCS 5/11- 1.40(a)(1)) in that he placed his penis in the mouth of J.H. Charges The information alleged that defendant was 17 years of age or older at the time of the offense and J.H. was under 13 years of age. The State filed a...

Duration:00:14:06

Eyewitness Expert Not Allowed To Get Into Individual Witnesses Reliability

4/22/2019
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People v. Corral, 2019 IL App (1st) 171501 (March). Episode 618 (Duration 11:38) Kid got his eyewitness expert witness on the stand, but the witness was not allowed to get into what she thought about the reliability of the witness. Gist Buyers in a deal to purchase some cannabis instead shot the dealers in an attempt to take the weed. The shooter was a 16 year old. One man was hit 8 times and died. The dealer identified defendant then picked his photo out of a live line-up. Kid got 31...

Duration:00:11:38

Be Careful With Admissions By Omissions

4/17/2019
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People v. Ruiz, 2019 IL App (1st) 152157 (March). Episode 617 (Duration 15:47) Defendant's conversation with his buddy is recorded and his friend kept telling him he always takes things to far. Gist Defendant was convicted of murder. He shot a killed a guy. Issue Prior to trial, defendant again tried to exclude recorded statements by filing a motion in limine to preclude the introduction at trial of a conversation between defendant and co-arrestee that took place in adjacent rooms at...

Duration:00:15:46

Prosecutors Questions Could Have Been Presented More Clearly And Completely In The Grand Jury Room

4/16/2019
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People v. Rebollar-Vergara, 2019 IL App (2d) 140871 (March). Episode 616 (Duration 15:29) Defendant gets into an argument with a guy and his buddy ups and shoots him, then sloppy questioning happens in the grand jury room. Facts Defendant and his buddy approach a rival gang member and trash talking ensues. At one point the defendant’s buddy takes out his gun and fires 10 shots at the guy. One shot hits him in the back and the man dies. The shooter is convicted of murder in his own trial...

Duration:00:15:28

An Example Of Inartful Closing Argument And How To Fix It

4/15/2019
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People v. Garcia, 2019 IL App (2d) 161112 (March). Episode 615 (Duration 15:28) Prosecutor used an inartful example to illustrate accountability, but this was not plain error. Gist Following a trial in the circuit court of Boone County, a jury found defendant, Ricardo A. Garcia, guilty of first-degree murder in connection with the shooting death of Giovanni Galicia (720 ILCS 5/9-1(a)(1), (a)(2), (a)(3)). Defendant was also found guilty of mob action (720 ILCS 5/25-1(a)(1)). He was found...

Duration:00:15:27

It's Structural Error To Proceed With A Bench Trial Without A Knowing Waiver In Open Court

4/10/2019
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People v. Johnson, 2019 IL App (1st) 162517 (March). Episode 614 (Duration 11:45) No valid jury waiver in the record even though he apparently signed the waiver form. Charges Defendant was charged with armed violence (720 ILCS 5/33A-2(a)), possession of a controlled substance with intent to deliver (720 ILCS 570/401(a)(1)(B)), and the unlawful use or possession of a weapon by a felon (720 ILCS 5/24-1.1(a)). Trial Date Set After the court discussed defendant’s decision to reject the plea...

Duration:00:11:44

In This DUI The Officer Substantially Complies With His Breathalyzer Certification

4/9/2019
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People v. Caraballo, 2019 IL App (1st) 171993 (March). Episode 613 (Duration 10:42) Officer was not certified at the time of the breathalyzer, but he was substantially certified. Gist This is a DUI stop with an arrest. The jury found defendant guilty of driving with an alcohol concentration of .08 or more and guilty of driving under the influence of alcohol. Defendant was sentenced to 12 months’ conditional discharge. The Breathalyzer The Officer testified that at the police station,...

Duration:00:12:54

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

4/8/2019
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This is the March 2019 Illinois criminal case law audio round-up (the fast case law summary). Episode 612 (Duration 44:19) 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 produce discover for the SSS Hearing, they subsequently blew Trainor. 2. People v. Caraballo Officer was not certified at the time of the breathalyzer, but he was substantially certified. 3. People v. Sanchez Defendant...

Duration:00:44:19

Is It Constitutional To Ban Guns From Public Housing?

4/4/2019
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People v. Cunningham, 2019 IL App (1st) 160709 (March). Episode 611 (Duration 9:18) Defendant gets 3 years for shooting himself in the leg in a housing project; this UUW version is constitutional. See Also These Prior Constitutionality Cases People v. Webb, 2019 IL 122951 (March)People v. Holmes, 2017 IL 120407 (July)People v. Chairez, 2018 IL 121417 (February)People v. Bell, 2018 IL App (1st) 153373 (June)People v. Green, 2018 IL App (1st) 143874 (June)People v. Mosley, 2015 IL 115872...

Duration:00:11:04

UUW Provision Banning Stun Guns Is Shot Down

4/3/2019
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People v. Webb, 2019 IL 122951 (March). Episode 610 (Duration 6:17) Another version of UUW is held unconstitutional; this time it’s the one banning tasers. Charges Defendant was charged by misdemeanor complaint with violating section 24-1(a)(4) of the UUW statute (720 ILCS 5/24-1(a)(4)) after he was discovered carrying a stun gun in his jacket pocket while in his vehicle on a public street. Gist He was charged by misdemeanor complaint with violating section 24-1(a)(4) after he was found...

Duration:00:07:40

Police Chase Some Men, See A Gun And Arrest Them - Is That Legal?

4/2/2019
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People v. Thomas, 2019 IL App (1st) 170474 (March). Episode 609 (Duration 11:51) Police see a defendant hand a gun to another person and then try to run and hide. First See People v. Bonilla, 2018 IL 122484 (October)Recap of the Apartment v. House ControversyIn re K.M., 2019 IL App (1st) 172322 (February)People v. Holmes, 2017 IL 120407 (July)People v. Holmes, 2019 IL App (1st) 160987 (March) Gist Defendant was charged with various counts of aggravated unlawful use of a weapon following...

Duration:00:18:15

Defendant Wanted To Tell The Jury That He Pays For Sex

3/27/2019
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People v. Encalado, 2017 IL App (1st) 142548 (February). Episode 314 (Duration 10:18) Trial judge did not allow the defendant to ask the jury if they could remain impartial not withstanding the fact that likes to pay for sex. Facts Defendant was found guilty of a brutal sex assault. The victim testified she got her into his car on a rouse and then punched her in the face and put her clothes over her face and raped her. Other Crimes (not an issue) Other crimes evidence was...

Duration:00:10:18

Reckless Discharge Requires Endangering The Bodily Safety Of "An Individual"

3/27/2019
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People v. Grant, 2017 IL App (1st) 142956 (February). Episode 313 (Duration 3:49) Defendant shot himself in an empty apartment, reckless discharge? Facts Defendant shot himself in the hand. He told the cops it happened when he was trying to clear it. The gun belongs to his sister’s boyfriend who also lived there. Reckless Discharge "A person commits reckless discharge of a firearm by discharging a firearm in a reckless manner which endangers the bodily safety of an individual." 720...

Duration:00:03:48

Citizen's Arrest Made By Off Duty Officer Way Outside His Jurisdiction

3/27/2019
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People v. Williams, 2017 IL App (3d) 150879 (February). Episode 312 (Duration 10:26) Off duty officer outside his jurisdiction stops defendant for swerving; this leads to a DUI arrest. Facts Off duty officer is on on his way home after a shift. He is in an unmarked squad car equipped with a radar gun. He is still in his police uniform. He is driving in another county when he sees defendant driving in the opposite lane towards him. Defendant is going 60 in a 25 and swerves into the...

Duration:00:10:25