Illinois Bar Journal

Articles on Right to Fair Trial

Defendant deprived of a fair trial when a jury instruction introduced a new theory

November
2019
Illinois Law Update
Page 14
On Aug. 27, 2019, the Third District Appellate Court of Illinois held a defendant was deprived of his right to a fair trial when he was denied the opportunity to address a new theory of the case provided in a jury instruction.

Defendant had right to view video evidence seen in chambers

October
2019
Illinois Law Update
Page 14
On July 9, 2019 (with a correction issued on July 19, 2019), the First District Appellate Court reversed and remanded the conviction of a defendant after bench trial of misdemeanor battery, misdemeanor resisting a peace officer, operating an unsafe vehicle, DUI, and negligent driving.

Officer not qualified as expert to determine whether organization is a “street gang”

October
2019
Illinois Law Update
Page 14
On June 18, 2019, the First District Appellate Court reversed the conviction of a criminal defendant on a charge of unlawful possession of a firearm by a street gang member.

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