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Ill App Ct - Civil - Discovery/ Medical Malpractice / Experts
5th Dist. Gee v. Treece, M.D.
Ill App Ct - Criminal - Confessions/ Sentencing / Murder
1st Dist. People v. Young, Jr.
Ill App Ct - Criminal - Robbery/ Jury Verdicts / Jury instructions
2nd Dist. People v. Green
Ill App Ct - Criminal - Home Invasion/ Jury Instructions
4th Dist. People v. Murray
Civil - Removal Jurisdiction
Hays v. Bryan Cave LLP, No. 05-2154 (5/3/06) Appeal, S.D. Ill. Vac'd and rem'd.
Civil - Admiral Jurisdiction
Tagliere v. Harrah's Illinois Corp., No. 05-2637 (5/3/06). Appeal, N.D. Ill., E. Div. Rev'd and rem'd.
Civil - Aliens
Hanaj v. Gonzales, No. 05-1836 (5/3/06). Petition for Review, Order of Bd. of Immigration Appeals. Order vacated and removed.
Criminal - Evidence
U.S. v. Darif, No. 05-3377 (5/3/06). Appeal, C.D. Ill. Aff'd.
Bill Would Boost Court Costs for Tickets
State lawmakers supported a measure Monday that ups the cost for anyone wanting to keep a speeding ticket from the insurance company.
From the Rockford Register Star.
Ryan Juror Wants Life Back
One of the jurors who convicted former Gov. George Ryan of racketeering and fraud jumped into the tormented aftermath of his trial Wednesday, telling a federal judge that the proceedings "are degenerating into a tug of war with the jury as the rope." From the Springfield State Journal-Register.
Feds Sue Firms Selling Phone Records
The Federal Trade Commission on Wednesday announced a crackdown on five companies accused of illegally selling telephone calling records -- five months after the Sun-Times sparked national interest in the issue by highlighting Chicago Police and FBI fears about the security of their phone records. From the Chicago Sun-Times.
More Legal News
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Sold Out Chicago "Civil Litigation" Program Gets a Repeat
If you missed the April 28 program, or couldn't get in, sign up NOW for a repeat of this hot Chicago litigation program on Friday, June 2, again at the Chicago Athletic Association. Remember, you save $15 if you register at least one week in advance. Find out more and register now.
5 (Friday)
Handling Civil Matters from Pleadings to Appeal & Special Considerations for Federal Practice
President Abraham Lincoln Hotel and Conference Center, Springfield
2.0 Hours Based on a 60 Minute MCLE Credit Hour*
5 (Friday)
Hot Topics in Tort
Chicago Athletic Association, Chicago
6.0 Hours Based on a 60 Minute MCLE Credit Hour.*
5 (Friday)
Environmental Law Update and Environmental Considerations Involved with Illinois Real Estate Transactions
Illinois Education Association, Springfield
5.60 Hours Based on a 60 Minute MCLE Credit Hour*
12 (Friday)
Environmental Law Update and Environmental Considerations Involved with Illinois Real Estate Transactions
DoubleTree Hotel, Oak Brook
5.60 Hours Based on a 60 Minute MCLE Credit Hour*
12 (Friday)
Microsoft Word and Microsoft Excel for Legal Applications
Presented by the Committee on Legal Technology, Holiday Inn, Collinsville
6.0 Hours Based on a 60 Minute MCLE Credit Hour*
12 (Friday)
Civil Litigation: Update and Overview of Civil Practice and Procedure
Hawthorn Suites, Bloomington
5.75 Hours Based on a 60 Minute MCLE Credit Hour.*
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Today's Digests
Illinois Cases
Civil - Discovery/ Medical Malpractice / Experts
5th Dist.
Gee v. Treece, M.D., No. 5-04-0728 (April 27, 2006) Jackson County (Chapman) Affirmed.
Evidence in medical malpractice trial against physician, who treated plaintiff's decedent for pneumonia instead of pulmonary embolism, did not so favor plaintiff to warrant judgment nov. Further, after plaintiff settled with hospital and radiologist, who misread scans, trial court did not abuse its discretion when it allowed defendant to name and present new expert witness, who agreed with plaintiff's retained expert against radiologist.
Criminal - Confessions/ Sentencing / Murder
1st Dist.
People v. Young, Jr., No. 1-04-2176 (April 24, 2006) 1st div. (Gordon) Affirmed as modified.
16 yr. old defendant's motion to suppress videotaped confession made after his father called attorney to police station was properly denied because minor's father did not, and could not, effectively and unambiguously invoke defendant's right to counsel prior to giving statement. Further, 25 yr. enhancement to 20 yr. sentence for murder because defendant personally discharged firearm leading to victim's death is neither impermissible double enhancement nor violative of proportionate penalties clause. However, mittimus must be corrected to show only one conviction for murder.
Criminal - Robbery/ Jury Verdicts / Jury Instructions
2nd Dist.
People v. Green, No. 2-04-0595 (April 26, 2006) Winnebago County (Mclaren) Affirmed in part reversed in part, remanded.
It was not plain error for the court to fail to sua sponte give modified 14.04 instruction in defendant's trial for murder that reinforcing rule that State has burden of proving each element of charged offense beyond reasonable doubt; because court gave multiple instructions reminding jury that State has burden of proof. However, since verdict form provides only that defendant is found guilty of robbery, he can't be convicted of robbery of person older than 60.
Criminal - Home Invasion/ Jury Instructions
4th Dist.
People v. Murray, No. 4-03-0632 (April 25, 2006) McLean County (Appleton) (McCULLOUGH, dissent) Reversed and remanded.
Trial court committed reversible error when it, answered jury's question during deliberation of charges of home invasion and aggravated battery with a firearm, whether criminal intent of invitee upon entry into victim's dwelling, is limited to particular crime in question or could encompass other crime, such as a drug deal,. Inference that defendant entering victim's dwelling for purposed of conducting drug deal in which victim was active participant, qualifies for criminal intent for home invasion, makes answer an incorrect statement of law.
7th Circuit Cases
Civil - Removal Jurisdiction
Hays v. Bryan Cave LLP, No. 05-2154 (5/3/06) Appeal, S.D. Ill. Vac'd and rem'd.
Dist. Ct. erred in denying plaintiffs motion to remand to state court legal malpractice action that had been removed to federal court based on fact that malpractice claim stemmed from defendant-law firms actions in federal criminal case. Nothing in federal law prevents disappointed litigant in federal case from suing his attorneys under state malpractice claim, and case filed in state court under state law cannot be removed to federal court based solely on existence of federal law defenses.
Civil - Admiral Jurisdiction
Tagliere v. Harrah's Illinois Corp., No. 05-2637 (5/3/06). Appeal, N.D. Ill., E. Div. Rev'd and rem'd.
Dist. Ct. erred in dismissing on grounds that case was not within its admiralty jurisdiction plaintiffs action alleging that she incurred personal injuries when her stool collapsed while she was playing slots in defendants casino boat moored to pier in navigable portion of Des Plaines River. Record was unclear as to whether instant casino boat, which had been moored for 2-year period, qualified as vessel for purposes of invoking admiralty jurisdiction.
Civil - Aliens
Hanaj v. Gonzales, No. 05-1836 (5/3/06). Petition for Review, Order of Bd. of Immigration Appeals. Order vacated and removed.
Record failed to contain sufficient evidence to support IJs denial of asylum request by alien (ethnic Albanian) where IJ based denial on aliens use of forged birth certificate to support claim. IJ failed to make necessary finding that alien was aware that birth certificate was forgery, and record otherwise supported aliens claim that he had been tortured by Serbian officials in power in Kosovo.
Criminal - Evidence
U.S. v. Darif, No. 05-3377 (5/3/06). Appeal, C.D. Ill. Aff'd.
In prosecution on charge of conspiracy to commit marriage fraud stemming from marriage between U.S. citizen and defendant (native of Morocco), Dist. Ct. did not err in permitting defendants wife to testify on behalf of govt. Marital communications privilege did not apply since defendant and his wife were joint participants in marriage fraud scheme.
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