Rethinking Strategy
By Hon. Robert McIntire
Criminal Justice,
September 2026
As a result of a recent Second District Appellate Court case, the State now gets only one bite at the apple when the facts satisfy the criteria for issue preclusion. If, after an interest-of-justice severance required by Edwards, the State fails to meet its burden on a fact essential to both prosecutions, issue preclusion will bar the second prosecution, laying to rest the Poole court’s concern about a second trial.
People v. Yankaway: Ready or Not, Here We Come
By Hon. Robert McIntire
Criminal Justice,
August 2025
In People v. Yankaway, 2025 IL 130207, the Illinois Supreme Court analyzed how to deal with a claim of ineffective assistance of counsel in the context of statutory speedy trial provisions.
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