Publications

Illinois Bar Journal
Articles on Constitutional Law

Section 9-3(b) of Criminal Code of 1961 is unconstitutional because it creates mandatory presumption of recklessness April 2003 Illinois Law Update, Page 168 On January 24, 2003, the Illinois Supreme Court affirmed the appellate court, and held that section 9-3(b) of the Criminal Code of 1961, 720 ILCS 5/9-3(b).
Constitutional Challenges to Municipal Administrative Adjudicatory Systems By Angela R. Hall March 2003 Article, Page 139 Do they succeed? It's possible but not likely, this author writes.
Fine schedule under village ordinance for parking and vehicle regulations, assessing late fees prior to hearing on merits of violation, a violation of due process March 2003 Illinois Law Update, Page 116 On December 13, 2002, the Appellate Court of Illinois, First District, reversed the order of the Circuit Court of Cook County and held that a village of Midlothian ordinance violated the due process clauses of the United States and Illinois Constitutions.
Section 6-16(c) of Illinois Liquor Control Act of 1934, which subjects individual to criminal liability for allowing persons under 21 to leave his or her residence after consuming alcohol, is unconstitutionally vague on its face March 2003 Illinois Law Update, Page 116 On December 5, 2002, the Illinois Supreme Court affirmed the circuit court and held that section 6-16(c) of the Liquor Control Act of 1934, 235 ILCS 5/6-16(c), was unconstitutionally vague on its face.
The case of the inflexible filing deadline By Helen W. Gunnarsson February 2003 Lawpulse, Page 58 The supreme court agrees to hear an administrative-law case which raises the question whether the strict, "jurisdictional" interpretation of a filing deadline is a denial of due process.
Miranda, Fifth Amendment don’t apply in summary-suspension hearings By Helen W. Gunnarsson February 2003 Lawpulse, Page 58 Three Illinois Appellate Court districts have ruled that summary-suspension hearings are civil proceedings to which Miranda and the privilege against self-incrimination do not apply.
Multiple-murder sentencing statute violates proportionate penalties clause of Illinois Constitution when juvenile defendant convicted of two counts of first-degree murder based on accountability February 2003 Illinois Law Update, Page 62 On November 21, 2002, the Illinois Supreme Court affirmed the trial court and concluded that, as applied to this juvenile defendant, the multiple-murder sentencing statute violated the proportionate penalties clause in article I, §11 of the Illinois Constitution.
Code of Criminal Procedure Section 110-4(b) unconstitutional under article I, section 9 of Illinois Constitution January 2003 Illinois Law Update, Page 14 On October 3, 2002, the Illinois Supreme Court held section 110-4(b) of the Code of Criminal Procedure, 725 ILCS 5/110-4(b), unconstitutional because it violated the guarantee of due process in article I, section 9 of the Illinois Constitution.
Conviction of defendant for DUI after stop at roadblock set up to gather information about hit and run accident reversed because police did not have individualized suspicion to stop defendant January 2003 Illinois Law Update, Page 14 On October 18, 2002, the Illinois Supreme Court held that the defendant's Fourth Amendment rights were violated when the police stopped him at a roadblock created to gather information about a hit and run accident .
Joint hearings on special use permits are quasi-judicial proceedings and interested parties have due process rights to cross-examine adverse witnesses January 2003 Illinois Law Update, Page 14 On October 18, 2002, the Illinois Supreme Court held that interested parties had the due process right to cross-examine adverse witnesses at a joint hearing involving a special use permit.
Individual taxpayers do not have standing when state is real party in interest and section 20-104(b) of Illinois Code of Civil Procedure is unconstitutional to extent that it gives taxpayers that right December 2002 Illinois Law Update, Page 634 On September 19, 2002, the Illinois Supreme Court held that the plaintiffs, a private citizen and a watchdog group, did not have standing to recover funds for Illinois taxpayers that were illegally received by employees of the Secretary of State's Office.
Section 2-28(3) of Illinois Juvenile Court Act, which gives parties immediate right to appeal permanency orders, violates separation of powers clause of Illinois Constitution December 2002 Illinois Law Update, Page 634 On September 19, 2002, the Illinois Supreme Court held that the provisions of section 2-28(3) of the Juvenile Court Act, which gives parties an immediate right to appeal permanency orders.
Circuit court cannot summarily dismiss a defendant’s post-conviction petition as untimely during first stage of post-conviction proceedings November 2002 Illinois Law Update, Page 584 On August 29, 2002, the Illinois Supreme Court addressed whether a circuit court could summarily dismiss as untimely a defendant's post-conviction petition at the first stage of post-conviction proceedings.
Defendant cannot be tried for reckless homicide after pleading guilty to reckless driving because of double jeopardy issues August 2002 Illinois Law Update, Page 402 On June 6, 2002, the Appellate Court of Illinois, Second District, reversed the decision of the Circuit Court of Lake County and concluded that the prosecution violated double jeopardy when it charged the defendant with reckless homicide after he previously pled guilty to reckless driving.
Defendant’s statements during a routine traffic stop were properly suppressed when police officer did not have independent reasonable suspicion to ask about the items in the car August 2002 Illinois Law Update, Page 402 On May 24, 2002, the Appellate Court of Illinois, Second District, affirmed the decision of the Circuit Court of DuPage County and held that certain statements the defendant made as to ownership of items in his vehicle were properly suppressed by the trial court.
Gravel walkway near home is not within curtilage of home and hence defendant has no expectation of privacy in property visible from the walkway August 2002 Illinois Law Update, Page 402 On May 28, 2002, the United States Court of Appeals for the Seventh Circuit affirmed the holding of the United States District Court for the Central District of Illinois and the defendant's conviction.
When police observe a possible drug transaction, stop the defendant and receive garbled answers to questions, police have probable cause to order defendant to remove items from his mouth July 2002 Illinois Law Update, Page 344 On April 18, 2002, the Supreme Court of Illinois reversed the decision of the appellate court and reinstated the defendant's drug conviction.
Indigent mother has a constitutional right to court-appointed counsel to appeal ruling that she is an unfit parent, even if county is required to pay counsel’s fees April 2002 Illinois Law Update, Page 176 On January 25, 2002, the Illinois Supreme Court affirmed the appellate court and held that the separation of powers doctrine is not violated when, in a case concerning the fitness of a parent, the county is required to pay for an indigent mother's appellate counsel fees.
Illinois Constitution does not provide a witness with a privilege against self-incrimination where there is a potential criminal prosecution against him by a foreign sovereign March 2002 Illinois Law Update, Page 120 On November 21, 2001, the Illinois Supreme Court reversed the appellate court's decision to grant a defendant's interlocutory appeal, holding that the Illinois Constitution does not provide a witness with a privilege against self-incrimination because of a potential criminal prosecution against him by a foreign sovereign.
Privacy Versus Cyber-Age Police Investigation; The Fourth Amendment in Flux By Michele M. Jochner February 2002 Article, Page 70 In last term's Kyllo decision, the Supreme Court restricted police power to use sense-enhancing technology. Here's an analysis of the decision and its implications.
Solicitation for Charity Act not Unconstitutional February 2002 Illinois Law Update, Page 66 On November 21, 2001, the Illinois Supreme Court reversed the appellate court and held that the Solicitation for Charity Act, 225 ILCS 460/0.01, is not unconstitutional.
Provisions of Hospital Licensing Act permitting disclosure of patient information within hospital and to hospital’s counsel held constitutional January 2002 Illinois Law Update, Page 14 On October 18, 2001, the Illinois Supreme Court, on direct appeal, reversed the circuit court, holding that the Hospital Licensing Act, 210 ILCS 85/6.17, did not violate the separation of powers doctrine, did not unreasonably violate a patient's right to privacy, and did not constitute impermissible special legislation.
Of mangers and menorahs By Helen W. Gunnarsson December 2001 Lawpulse, Page 620 When do religious holiday displays on public property pass constitutional muster?
Cellular-Phone Searches: New Technology Meets the Fourth Amendment By Stacey McDermott Shonkwiler October 2001 Article, Page 530 The author reviews a recent Illinois Appellate Court case upholding a search of numbers stored in the defendant's cell phone.
Grandparents’ visitation; splitting the baby four ways? By Helen W. Gunnarsson October 2001 Lawpulse, Page 510 Since the Illinois Supreme Court's Lulay decision, appellate courts have struggled case by case to determine whether grandparents' bids for visitation are constitutional.
Closed-Circuit Television and Defendants’ Rights in Criminal Courtrooms By Carrie Marche and Jennifer Aiton September 2001 Article, Page 487 The new technology saves money, but does it undermine defendants' constitutional rights?
The Lawyer’s Journal By Bonnie C. McGrath September 2001 Column, Page 450 Two years and time's up for legal malpractice; nightshift-assignment doesn't constitute sex discrimination; and more.
Illinois Constitution prohibits insertion of “corrupt or malicious motives” exception into the Tort Immunity Act August 2001 Illinois Law Update, Page 398 On June 21, 2001, the Illinois Supreme Court reversed the lower court's holding that the common-law "corrupt or malicious motives" exception limited the immunity granted by the Tort Immunity Act, 745 ILCS 10/1-101 et seq, and that the village could be held liable in quasi-contract.
The Lawyer’s Journal By Bonnie C. McGrath August 2001 Column, Page 394 Name-calling brief writers get a pass; Gramm-Leach-Bliley may require lawyers to send privacy notices; and more.
The Lawyer’s Journal By Bonnie C. McGrath July 2001 Column, Page 338 Golfers in the (legal) news; capital punishment and the mentally retarded; and more.