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Date: 03-10-2025
Case Style:
Case Number: 21CR1253801
Judge: Laura Ayala-Gonzalez
Court: Circuit Court, Cook County, Illinois
Plaintiff's Attorney: Cook County, Illinois State's Attorney's Office
Defendant's Attorney:
Description: Chicago, Illinois criminal defense lawyer represented the Defendant charged with unlawful use or possession of a weapon by a felon.
At trial, evidence established that officers curbed defendant's vehicle in Chicago on September 6, 2021. As officers removed defendant from the vehicle, they saw what appeared to be a handgun "falling from his person." A firearm was recovered between "defendant's leg and the ground." The arrest was filmed on the officers' body-worn cameras. Defendant had a prior felony conviction for aggravated robbery. Defendant testified that he did not possess or see the recovered firearm on or before September 6, 2021. Defendant did not know how the firearm ended up on the ground next to his leg, positing that officers could have "planted" it.
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Legal issue Is the statute prohibiting the possession of firearms by felons facially unconstitutional under the Second Amendment?
Key Phrases Unlawful use or possession of a weapon by a felon. Facial challenge to constitutionality. Historical tradition of firearm regulation. Law-abiding citizens' right to bear arms. Second Amendment protections.
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: