Publications

Illinois Bar Journal
Articles on Constitutional Law

Search of probationer’s computer deemed permissible October 2008 Illinois Law Update, Page 504 On August 12, 2008, the Illinois Appellate Court, Second District, affirmed in part, reversed in part, and remanded for further proceedings the judgment of the Circuit Court of Kane County granting the defendant's motion to quash arrest and suppress evidence found pursuant to a search of the defendant's home by probation officers.
Vote “No” on Con-Con By Jack C. Carey October 2008 Column, Page 492 Voters should reject the call for a constitutional convention.
Traffic stop impermissibly prolonged September 2008 Illinois Law Update, Page 444 On June 26, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of Henry County denying Bernstein's motion to suppress and sentencing him to 48 months probation for unlawful possession of marijuana with intent to deliver.
District of Columbia v Heller: The Death Knell For Illinois Handgun Bans? By Christopher Keleher August 2008 Article, Page 402 The U.S. Supreme Court's robust reading of the right to keep and bear arms places handgun-banning ordinances in peril.
Correspondence from Our Readers July 2008 Column, Page 330 Sharia law? Voluntary dismissal; confrontation clause; HUD-1 form.st.
Traffic stop and subsequent Terry search valid when based on non-anonymous tip July 2008 Illinois Law Update, Page 340 On April 15, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of McDonough County granting the defendants' motions to suppress two bags containing approximately 28 or 29 boxes of pseudoephedrine collected during a search of the defendant's motor vehicle after a traffic stop for improper lane usage.
Residents Suing Nonresidents for Harm in Illinois By Professor Jeffrey A. Parness June 2008 Column, Page 318 Two recent appellate cases limit the power to sue nonresidents.
When Hearsay Testimony Is a Nonevent Under the Confrontation Clause By Robert J. Steigmann June 2008 Article, Page 304 An Illinois Appellate Court justice says that a witness who disavows his or her own hearsay statements is not "unavailable" as to those statements.
College Campus Press act passed. PA 095-0580 May 2008 Illinois Law Update, Page 236 The College Campus Press Act has been enacted. 
Admission of detective’s testimony did not violate the Confrontation Clause February 2008 Illinois Law Update, Page 72 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.
Court upholds $1 million penalty arising out of $12,000 support debt By Helen W. Gunnarsson January 2008 Lawpulse, Page 10 The supreme court ruled that a $1 million-plus penalty for an employer’s failure to timely pay a $12,000-plus child support obligation was not unconstitutional on the facts.
Police Interrogation of Motorists at Traffic Stops By Bruce L. Carmen January 2008 Article, Page 44 The Fourth Amendment prohibits police from turning routine traffic stops into investigations of other criminal activity.
Correspondence from Our Readers November 2007 Column, Page 566  Anti-SLAPP law gives "unwarranted protection".
Race-Based School Assignments After Parents Involved in Community Schools By Mark E. Wojcik October 2007 Article, Page 526 The Supreme Court struck down a pair of race-based plans for assigning students to public schools. So what kinds of plans do pass constitutional muster?
The Naked Truth: Fourth Amendment Lessons from the Supreme Court By Kerry J. Bryson July 2007 Article, Page 360 A review of recent home-search cases from the U.S. Supreme Court, including the Rettele "naked search" case from May.
Basic “right to privacy” inherently includes interests of secrecy and seclusion February 2007 Illinois Law Update, Page 72 On November 30, 2006, the Illinois Supreme Court affirmed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of McHenry County, granting summary judgment to the insured, Swiderski Electronics, Inc (Swiderski), and holding that the insurer, Valley Forge Insurance Company (Valley Forge), had a duty to defend a breach of privacy action brought against the insured. 
Challenging the Constitutionality of the Illinois Consecutive Sentencing Statute By Patrick Gallagher February 2007 Article, Page 96 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.
Income Withholding for Support Act unconstitutional as applied to $1,172,100 penalty February 2007 Illinois Law Update, Page 72 The Illinois Appellate Court, First District, recently reversed the Circuit Court of Cook County's judgment against defendant H. E. Miller, Sr., ordering him to pay a $1,172,100 penalty for "knowingly failing to timely remit child support payments withheld from his employee's wages."
Criminal defendants must be informed of right to counsel, Campbell says By Helen W. Gunnarsson January 2007 Lawpulse, Page 8 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.
Ban on secret compartments in vehicles unconstitutional December 2006 Illinois Law Update, Page 650 On September 26, 2006, the Illinois Appellate Court, First District, reversed the appellant's conviction in the Circuit Court of Cook County for violating section 12-612 of the Illinois Vehicle Code. 625 ILCS 5/12-612. 
Court authorizes cities to ban alcohol sales in strip clubs By Helen W. Gunnarsson November 2006 Lawpulse, Page 578 The Illinois Supreme Court upholds a Chicago ordinance banning the sale of alcoholic beverages at "gentleman's clubs."
New rule requires reasons, not conclusions, from judges who declare statutes unconstitutional By Helen W. Gunnarsson November 2006 Lawpulse, Page 578 Under a new Illinois Supreme Court Rule, it's not enough for a circuit court to merely say that a statute is unconstitutional. It has to say why as well.
Eavesdropping statute applies only where all parties intend private communication September 2006 Illinois Law Update, Page 464 On June 23, 2006, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, holding transcriptions of instant message communications were not obtained in violation of Illinois' eavesdropping statute.
Municipal Sign Ordinances: Three Common Constitutional Flaws and Their Solutions By Kara N. Lundy September 2006 Article, Page 490 Here's how counsel for municipalities can cure three common sign-ordinance infirmities.
The limited lockstep doctrine By Helen W. Gunnarsson July 2006 Lawpulse, Page 338 In a dog-sniff case, the Illinois Supreme Court wrote that it will interpret state constitutional provisions more expansively than their federal counterparts only under limited circumstances. 
DNA sampling does not violate the Constitution June 2006 Illinois Law Update, Page 284 On March 23, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, Second District, holding that evidence admitted against the defendant at trial was properly admitted and that section 5-4-3 of the Unified Code of Corrections, which requires convicted felons to submit DNA samples to the police, does not violate the United States Constitution. 
Section of the Illinois Election Code is unconstitutional May 2006 Illinois Law Update, Page 230 On March 6, 2006, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, First District, and affirmed the decision of the Circuit Court of Cook County, holding unconstitutional section 7A-1 of the Illinois Election Code (10 ILCS 5/7A-1).
Adding conditions to plea agreement after it is negotiated may violate defendant’s due process rights March 2006 Illinois Law Update, Page 118 On December 20, 2005, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, First District, and vacated the sentence imposed by the Circuit Court of Cook County on the defendant.
Section of the Adoption Act violates Equal Protection October 2005 Illinois Law Update, Page 506 On August 1, 2005, the Illinois Appellate Court, First District, reversed the decision of the Circuit Court of Cook County, terminating the parental rights of the defendant. 
Is the Illinois Mechanics Lien Act Unconstitutional? By Roger L. Price June 2005 Article, Page 298 The author reviews recent decisions on the constitutional validity of the Act and recommends legislative action.