Civil - Abuse And Neglect/ Parental Rights / Jurisdiction
2nd Dist. In re Antwan L., No. 2-06-0425 (November 28, 2006) DeKalb County (BYRNE) Affirmed
Trial court had subject matter jurisdiction over parental rights of respondent, father, even though he was not served with notice by publication until 27 months after original petition alleging neglect was filed. Father submitted himself to personal jurisdiction of court by voluntarily appearing at termination hearing, thus waiving requirements of Section 2-16 of Juvenile Court Act. (Partially overruling In re Miracle C.)
Civil - Administrative Review/ Police And Fire Boards
2nd Dist. Hammond v. The Firefighters Pension Fund of the City of Naperville, No. 2-06-0133 (November 29, 2006) DuPage County (O'MALLEY) Reversed in part, vacated in part, dismissed in part
Because service of initial memorandum of decision was not sufficient to trigger running of 35 day period for administrative review of decision by firemen's pension board to award plaintiff non line of duty disability pension, administrative review complaint filed after memorandum was served, but before service of formal decision, was premature; and trial court erred when it dismissed administrative review complaint filed within 35 days of formal decision. However, trial court correctly ruled that decision of board to deny line of duty pension is not clearly erroneous. Record supports conclusion that, although plaintiff may have suffered acute stress in certain occupational situations, the underlying causes of plaintiff's condition arose outside of and independent of, his duties as a firefighter paramedic.
Civil - Appeals/ Public Utilities Act / Administrative Review
2nd Dist. Strategic Energy v. ICC, No. 2-05-0685 (November 29, 2006) I C C (KAPALA) Dismissed in part, reversed in part
Because utility, which applied for and was granted permission to operate as alternative retail electricity supplier (ARES) failed to exhaust its administrative remedy by failing to file motion to reconsider decision of Commission, its appeal from order allowing union to intervene must be dismissed. Further, appeal by union, which objected to utility's application, is well taken because utility failed to satisfy reciprocity requirement of Public Utilities Act.
Criminal - Reckless Homicide/ D U I / Sentencing
2nd Dist. People v. Gancarz, No. 2-04-0190 (November 30, 2006) DuPage County (BYRNE) (O'MALLEY, dissent) Affirmed in part, vacated in part, remanded
Although evidence of cannabis in defendant's truck and bedroom was irrelevant, and trial court abused its discretion in admitting it, it was harmless error in bench trial. Further, testimony of physician, who extrapolated from blood and urine samples taken several hours after deadly accident, and concluded that defendant was under the influence of cannabis, coupled with testimony of defendant's specific acts of reckless driving, is sufficient to sustain conviction for reckless driving and aggravated DUI. However, trial court erred when it failed to give defendant the opportunity to be sentenced under amended reckless homicide statute. Since aggravated DUI conviction then becomes more serious offense, carrying a heavier sentencing range, the reckless homicide conviction merges into aggravated DUI, rather than converse, and 14 yr. sentence for reckless homicide is vacated. Court must re-sentence defendant within 1-12 yr. range of aggravated DUI conviction.
Criminal - Search And Seizure/ Arrest / U U W
2nd Dist. People v. Queen, No. 2-05-0185 (November 28, 2006) Lake County (O'MALLEY) Affirmed
Even though defendant was seized when policeman ordered him to car, it was for community caretaking purpose, because defendant was drunk and had fallen from tree; and officer intended to drive defendant home for his own safety. Therefore, since officer was justified in calling defendant over to car and in conducting pat down search before transporting him, trial court properly refused to quash defendant's arrest or suppress switchblade seized from defendant's hand prior to trial for UUW.
Criminal - Search And Seizure/ Controlled Substance / Motion To Suppress
2nd Dist. People v. Moorman, No. 2-04-1212 (November 29, 2006) DuPage County (GROMETER) (CALLUM, dissent) Affirmed
After defendant, who had just left apartment complex known for illegal drug activity, was stopped for expired registration, and he admitted that his license was revoked, police had probable cause to arrest him and conduct search of his person and vehicle incident to arrest. Therefore, even though police did not formally place defendant under arrest, they could properly inquire about presence of drugs in car and seize bag containing cocaine, which defendant's passenger pulled out of her mouth. Recovery of controlled substance, coupled with defendant's assertion that it belonged to him, was sufficient to convict him of possession.
