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Category Archives: Criminal Defense

High Court Rules on Warrantless DUI Samples

Because cops had more than seven hours to obtain a warrant before they forcibly took samples of blood and urine from Ralph Eubanks, the Illinois Supreme Court ruled that evidence used to convict him in a 2009 hit-and-run should have been supressed. This even as justices wrote that such searches are Constitutional when cops have probable… Read More »

RICO Sentence Sticks in Gangland Appeal

Judges in the 7th Circuit Appellate Court upheld the prison sentence given a gang leader in a conspiracy conviction despite the man’s claim that he wasn’t directly responsible for crimes committed on his watch. Ruben Porraz admitted in a plea agreement that his job as head of the 89th Street chapter of the Latin Kings… Read More »

Ballistics Support Appeal of Attempted Murder Charge

A Garfield Park man will be re-sentenced after an appellate panel ruled that the evidence used to win a conviction in 2011 for the attempted murder of a Chicago cop failed to prove his guilt. Judges in the 1st District cited bad ballistics and police testimony in remanding Donta Hudson’s case to the Cook County Circuit… Read More »

Appeals Court Upholds Return of Cash in Pot Bust

A Joliet man is getting the $940 he lost to city cops when they found him in possession of a small amount of marijuana thanks to a ruling in the 3rd District Appellate Court. Anthony Alexander was never criminally charged when police executed a 2017 arrest warrant and seized the cash along with 4.5 grams… Read More »

Gang Moll’s Harassment Appeal Fails in 7th Circuit

A Centralia woman’s claim that cops acted maliciously when they pressed her on threatening social media posts didn’t sit well with justices in the Court of Appeals for the 7th Circuit, which upheld a summary judgement for the city and the officer who brought felony intimidation charges. Shirlena Barnes shouted epithets and wrote Facebook posts… Read More »

Felony Murder Appeal Dies in US Supreme Court

The Illinois law that makes liable those who cause another’s death in the commission of a forcible crime stands after the US Supreme Court declined to hear the petition of a Chicago man convicted of so-called felony murder. The decision by justices at the nation’s highest court means that John Givens will continue to serve… Read More »

Appeal Fails Strickland Test in CPD Miranda Ruling

A felon who said counsel failed him by opting to withdraw a motion for suppression of evidence failed to prove his case in the 7th Circuit Appellate Court, where judges ruled that he’d have been convicted regardless of comments made to a Chicago cop after a foot chase. Walter Ross voluntereed that knew nothing about… Read More »

Panel Again Faults Judge in Second Sentencing Appeal

A felon who punched a cop during a weapons arrest will see his time in jail reduced thanks to a panel of judges in the 7th Circuit Appellate Court, who remanded his case for a second time after judges in district court failed to adequately explain their sentencing decisions. Brandon Schoffner earned the same seven-year… Read More »

CPD Terry Stop Stands in Armed Offender Appeal

A Chicago man’s failure to comply provided justification for admitting into evidence the semi-automatic pistol that earned him a prison term as an armed habitual criminal, according to the 1st District Appellate Court. Judges there affirmed a Cook County circuit decision to let stand the Terry stop of DeAndre McMichaels, who challenged the CPD violated… Read More »

Late Motion Denies Career Criminal Sentencing Review

A panel of federal judges say an Illinois man must serve more than 21 years in jail after affirming calculations in a 2010 plea deal that won him a reduced sentence were properly made. James Hanson argued he shouldn’t be saddled with a career-offender enhancement, even as felony priors were omitted for the purpose of… Read More »