The Fifth District held that Facebook messages obtained under a warrant lacking probable cause were admissible under the inevitable discovery doctrine, but found defense counsel ineffective for failing to move to dismiss a time-barred attempted murder charge.
The Fifth District modified the defendant’s conviction from aggravated fleeing to the lesser-included offense of resisting arrest, finding insufficient evidence that the defendant operated a ‘motor vehicle’ where he fled on a motorized bicycle.
The Fifth District reverses child pornography convictions and orders the defendant discharged, holding that the charged images did not satisfy the Lamborn factors for ‘lewdness’ as a matter of law.
The Fifth District affirms that a proffer meeting constituted a plea discussion under Rule 402, limiting the State’s use of the defendant’s statement to impeachment only if he testifies inconsistently.