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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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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

Illinois Residential Burglary Statute Makes It A Class 1 Felony

11/15/2019
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Residential Burglary In Illinois In Illinois residential burglary is class 1 felony. The crime is defined by statute this way: A person commits residential burglary when he or she knowingly and without authority enters or knowingly and without authority remains within the dwelling place of another, or any part thereof, with the intent to commit therein a felony or theft. 720 ILCS 5/19-3(a). See also the Illinois Crimes Index. Illinois Residential Burglary Sentence Since the Illinois...

Duration:00:02:40

A Break Down Of The Illinois Custodial Sexual Misconduct Statute With Michael Wepsiec

11/12/2019
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Episode 698 (Duration 29:54). Attorney Michael Wepsiec of Murphosboro, Illinois deconstructs the custodial sexual misconduct criminal law statute. In This Episode... "'Hey I'm on parole, date me.' No body says that." -- Michael Wepsiec Attorney Michael Wepsiec Attorney Michael Wepsiec has over 34 years of legal experience. He is the former elected States's Attorney of Jackson County Illinois. Before that he has the Carbondale city attorney, and before that he was an assistant state's...

Duration:00:29:53

Illinois v. Caballes: The Police Drug Dog Sniffer Case

11/8/2019
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Illinois v. Caballes, 543 U.S. 405 (2005). SCOTIS Notice (Duration 1:43) This is the SCOTUS case that set the framework for the use of drug dogs in the United States. [insert mp3 player] This opinion normalized the use of drug dogs by police departments during traffic stops. The case concluded that police don't need a warrant when they walk a drug dog around a car during a traffic stop. IssueFactsAnalysisHoldingRelated CasesFlorida v. Jardines, 133 S.Ct. 1409 (2013) Florida v. Harris,...

Duration:00:01:43

What To Do About Fatally Flawed Criminal Charges: Alan Downen Interview

10/8/2019
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People v. Rowell, 229 Ill. 2nd 82 (May 2008). Episode 686 (Duration 31:58) What's the best way to handle legally insufficient criminal charges? In this episode you get a feel for what it's like working in the criminal law. Subscribe: Apple Podcasts | Google Podcasts | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Illinois attorney Alan Downen walks us through the detailed intricacies of just one issue in criminal...

Duration:00:31:58

Disorderly Conduct Conviction For Making A Threat Must Get Past Free Speech Protection

9/24/2019
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People v. Khan, 2018 IL App (2d) 160724 (October). Episode 561 (Duration 18:46) Dude posted a message on facebook that he carries a gun on the college campus and people gonna end up in a body bag if they don't stop messing with him. Gist Defendant, Aden D. Khan, was convicted of committing disorderly conduct by making a threat of violence against persons at a school (720 ILCS 5/26-1(a)(3.5)) and sentenced to 30 months’ probation. Facts At the time, defendant was 17 years old. He was...

Duration:00:18:46

Expert Testimony On Drug Use Is Not Always Required Sometimes Any Joe Shmoe Can Identify Impairment From Drug Use

9/24/2019
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People v. Gocmen, 2018 IL 122388 (September). Episode 540 (Duration 14:15) In obvious cases an officer need not be a drug detection expert to conclude a driver is under the influence of drugs. Lower Case Opinion People v. Gocmen, 2017 IL App (3d) 160025 (March). Episode 331 (Duration 7:57) Officer untrained in the use of narcotics doesn't know enough to make this DUI drug arrest. The trial court found that the officer lacked probable cause to arrest defendant for DUI/drugs because he...

Duration:00:14:14

This Photo Causes Defense Counsel To Just About Have An Aneurysm

9/20/2019
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People v. Middleton, 2018 IL App (1st) 152040 (June). Episode 503 (Duration 17:07) Here's the photo... Reversible error for the state to spring a doctored image before the jury on rebuttal argument. Gist Defendant was arrested and then charged with murder after allegedly shooting to death his girlfriend’s brother on the sidewalk outside the victim's home. A jury found defendant guilty of the first degree murder while personally discharging a firearm and sentenced to 53 years in...

Duration:00:17:07

Consensual Blood Draw Has To Be Clear And Unequivocal Especially If You Have Not Been Ticketed

9/18/2019
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People v. Hayes, 2018 IL App (5th) 140223 (February). Episode 461 (Duration 17:53) Defendant runs over and kills a 7 year old boy, however, the resulting blood draw is out because defendant was never under arrest. Hits & Kills A Little Boy Defendant was driving home from the store with two of his children. One of the children attempted to hand the defendant a piece of candy to unwrap for him. The defendant looked back to talk to the child. As he did, his vehicle struck seven-year-old...

Duration:00:17:52

“No Talking” Command Was An Order Not A Request

9/18/2019
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People v. Lee, 2018 IL App (3d) 170209 (February). Episode 458 (Duration 6:59) 25 minute wait for the sniff dog was too long. Drug Charges The State charged defendants, Wan Fung Lee and Jacky Yao Chuan Xiong, with unlawful cannabis trafficking (720 ILCS 550/5.1(a) (West 2014)), unlawful possession with intent to deliver cannabis (id. § 5(g)), and unlawful possession of cannabis (id. § 4(g)). The Stop Sergeant Clint Thulen testified that he pulled over defendants’ vehicle on March 9,...

Duration:00:06:59

Little Reminder Why Gun Bans Aren’t So Easy

9/18/2019
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People v. Chairez, 2018 IL 121417 (February). Episode 457 (Duration 10:04) Another UUW provision is struck down. Gist On April 24, 2013, pursuant to a negotiated plea agreement, defendant Julio Chairez pled guilty in the circuit court of Kane County to possessing a firearm within 1000 feet of Virgil Gilman Trail, a park in Aurora, Illinois, in exchange for the State’s agreement to file a nolle prosequi for several other charges and the recommendation that defendant receive a sentence of...

Duration:00:10:03

Retail Theft Statute Countermands This Class Of Burglaries

9/18/2019
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People v. Johnson, 2018 IL App (3d) 150352 (January). Episode 456 (Duration 11:30) Stealing from a Walmart was not a burglary. Sad Facts Defendant is caught takign $76.91 in girl’s clothing from a Walmart. He was pro se and got a hung jury the first time. In the second trial was aquitted of retail therfet but convicted of burglary. Although burglary is a Class 2 felony with a three-to-seven-year sentencing range (720 ILCS 5/19-1(b) (West 2014); 730 ILCS 5/5-4.5-35(a) (West 2014)), the...

Duration:00:11:29

Is Attempt Armed Robbery A Per Se Forcible Felony? Hmmm?

9/14/2019
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People v. Brown, 2017 IL App (1st) 150146 (May). Episode 377 (Duration 8:07) Attempt armed robbery is a per se forcible felony. Facts Following a bench trial, defendant Dewayne Brown was convicted of the offense of armed habitual criminal. He was sentenced to 8 years’ imprisonment. Officers are drawn to a parking lot when a car alarm goes off. In the lot they find defendant and his girlfriend smoking a blunt in their own car. Defendant gets out of his car, but is immediately handcuffed....

Duration:00:08:06

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