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2020 Articles

Appellate Court Vacates Orders, Remands for New Revocation Hearing By J. Brick Van Der Snick & Andrew Morris February 2020 In People v. Nemec, the defendant appealed an order revoking his court supervision, an entry of a conviction, and an order to pay fines and costs, arguing he was deprived of his right to be properly admonished of his rights to be represented by counsel at his revocation hearing.
Case Notes By Juliet Boyd February 2020 Summaries of two recent appellate cases of interest.
Compelled Chemical Testing After Accident May Be Unconstitutional By James Stern April 2020 A summary of People v. Eubanks, in which the defendant appealed a conviction of first-degree murder, failure to report an accident involving death or injury, and aggravated driving under the influence.
A Defendant’s Right to Be Present While Video Is Played By Hon. Edward Maloney April 2020 A look at whether consideration of evidence outside of the courtroom violates a defendant’s rights.
The Factual Basis: Keep It Simple By Hon. Jeremy Richey April 2020 Unless the judge you are appearing in front of requires a detailed factual basis for a defendant's guilty plea, you should keep the factual basis short and focused.
Language May Be a Barrier, Except for Warning to Motorist By Ted Hammel February 2020 Last May, the third district appellate court reversed a trial court’s decision rescinding the statutory summary suspension on the grounds of inadequate warnings.
Marijuana-Impaired Driving: A Discussion of the Per Se Law and Other Methods of Detection By Anisa Jordan February 2020 For law enforcement and those practicing in the field of DUI prosecution and defense, the legalization of recreational cannabis brings to the forefront the question of when is a driver too impaired by marijuana to drive.
Sufficient Information Was Conveyed During 911 Call to Properly Stop Defendant By J. Brick Van Der Snick April 2020 In People v. Shelton, the defendant appealed the trial court's ruling that he did not have ineffective trial counsel based on the fact that his trial counsel did not file a motion to suppress evidence based on a 911 call containing insufficient information for the arresting officer to develop reasonable suspicion.