Criminal law — retrial

Posted October 22, 2021 11:03 AM

Where a defendant is convicted of an offense and the conviction is reversed on appeal due to precedent which has established a new requirement for the offense subsequent to defendant’s conviction, double jeopardy is not invoked by a remand for a new trial on this new requirement as the state has not yet attempted to prove the issue.The 3rd District Appellate Court reversed and remanded a decision from Will County Circuit Chief Judge Daniel L. Kennedy.On Jan. 25, 2018, Romeoville police officer Francisco Garcia responded to …

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Criminal procedure — denial of sentencing credit

Where defendant petitions seeking sentencing credit and the petition is denied, the denial is not a final or appealable order and the appellate court lacks jurisdiction to consider it.
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Where a party in an ongoing dissolution of marriage proceedings is ordered to pay attorney fees for a related probate proceeding, that order is not final and appealable.
Sentencing — conspiracy

Where government could prove defendant joined smaller conspiracy than what was alleged in the indictment, conviction was affirmed.
Criminal law — void ab initio conviction

Where defendant pleads guilty due to the threat of being impeached by a prior conviction later found void ab initio and is sentenced based on the same conviction, he has suffered a constitutional violation.
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