Section Newsletters

Articles From Alan Downen

Failure of the Trial Court to Fully Comply With Supreme Court Rule 431 Admonishments Results in New Trial By Alan Downen Traffic Laws and Courts, April 2026 The recent Fourth District case, People v. Dye, serves as a reminder to all that a failure to ensure the jurors are fully admonished, as required by SCR 431, can jeopardize their case: the defense by allowing a juror to be selected that may not give the defendant the benefit of his rights and the prosecution by losing a conviction. 
Judicial Notice and Expert Testimony By Alan Downen Criminal Justice, July 2024 In People v. Heineman, the Illinois Supreme Court held that administrative regulations have the force and effect of law, not fact, meaning that when a circuit court takes judicial notice of an Illinois administrative rule it accepts that rule’s existence but not its truth.
Nunc Pro Tunc By Alan Downen Criminal Justice, October 2023 The recent appellate case of People v. Calvillo offers a primer as to when the nunc pro tunc doctrine applies and when it does not.
Are First Offender Drug Probation Sentences & Second Chance Probation Sentences Convictions? By Alan Downen Criminal Justice, March 2021 The successful completion of first offender drug probation or second chance probation results in the dismissal of charges without a conviction. But what is a defendant's status while still on probation?

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