On November 30, 2007, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County sentencing the defendant to 85 years for first degree murder and home invasion.
A recent Journal article inspires a debate about whether the statute it discussed is still in effect and a call for the legislature to clear up the confusion.
The Illinois General Assembly mandates that the Illinois State Police maintain a statewide Sex Offender Database (730 ILCS 152/115 (a)-(b)) and Child Murderer and Violent Offender Against Youth Database ((730 ILCS 154/85 (a)-(b)).
Police sometimes administer preliminary breath tests to drivers stopped on suspicion of DUI. When and how are the results admissible in a hearing? Here's a look at the cases.
On October 26, 2007, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Will County sentencing the defendant to 22 years for pleading guilty to two counts of first degree murder.
On October 9, 2007, the Illinois Appellate Court, First District, reversed the ruling of the Circuit Court of Cook County granting the defendant’s motion to suppress evidence obtained pursuant to an illegal search of defendant’s home.
On September 28, 2007, the Illinois Appellate Court, First District, reversed and remanded for new trial the judgment of the Circuit Court of Cook County convicting the defendant of indecent solicitation of a child because the State did “nothing to establish a foundation for the admissibility of the transcripts as evidence.”
On August 24, 2007, the Illinois Appellate Court, Fifth District, upheld the judgment of the Circuit Court of Williamson County denying the defendant's motion to suppress all evidence seized during his arrest.
On September 12, 2007, the Illinois Appellate Court, Third District, affirmed the theft conviction of Janet Turner in the Circuit Court of Knox County.
A statute requiring prison time instead of court supervision for adult first-time DUI offenders who were transporting minors conflicts with existing law, this author argues.
Prosecutors can't introduce "testimonial" hearsay unless the defendant had a chance to cross-examine the unavailable declarant. Davis tells us when a statement is not "testimonial."
On August 9, 2007, the Illinois Appellate Court, Third District, reversed the decision of the Circuit Court of Will County granting the defendant's motion to suppress evidence found in the defendant's vehicle.
Under the original law, some people who didn't commit sex crimes had to register as "sex offenders." The legislature addressed the issue last year with a new law that creates its own problems.
A major overhaul of DUI law doubles the summary-suspension period and requires offenders to submit to alcohol monitoring devices in return for driving permits. Critics charge that it will produce unintended consequences, including fewer guilty pleas.
On May 9, 2007, the Illinois Appellate Court, Second District, affirmed the order of the Circuit Court of Winnebago County, finding the defendant guilty of two counts of identity theft and sentencing her to 30 months probation, 100 hours of public service, and a $500 fine.
In order to protect the rights of the criminally accused, the Illinois General Assembly amended the Criminal Code of 1961 (Code), 720 ILCS 5/1 et seq, to provide penalties for confessions given under duress.
The author argues that the Illinois consecutive sentencing statute violates the Sixth Amendment by allowing judges rather than jurors to make findings of fact that increase a defendant's punishment.
A defendant's waiver of right to counsel was ineffective because the trial judge didn't inform him of the nature of the charges, the range of penalties, or his right to a lawyer.
The Illinois General Assembly passed the Safe Homes Act (Act) in an effort to reduce domestic violence by improving the ability of tenant victims and their families to escape "domestic violence, dating violence, sexual assault, and stalking."
Out of respect for those in the military, the Illinois General Assembly amended section 17-2 of the Criminal Code of 1961 (Code), by adding subsection (a-6). 720 ILCS 5/17-2(a-6).