Arguing Witness Credibility at Closing After People v. AdamsBy Jill AusdenmooreFebruary 2013Article, Page 92In Adams, the Illinois Supreme Court reemphasized that prosecutors' commentary on witness credibility at closing must be based on the evidence.
Clerk to furnish lists of moving violations involving taxi drivers. PA 097-1062December 2012Illinois Law Update, Page 632A new section of the Taxi Safety Act of 2007 now requires that, when vehicle citation records are not readily available for a particular taxi or registered taxi driver, the appropriate circuit-court clerk must provide a list of moving violations, if any, to a governmental unit upon request. 625 ILCS 55/15 new.
Fines designated to the Violent Crimes Victim Assistance Fund have increased. PA 097-0816October 2012Illinois Law Update, Page 520Persons convicted of or placed under supervision for a misdemeanor, a felony, or some offenses under the Illinois Vehicle Code after July 1, 2012, must now pay increased fines to fund the Violent Crimes Victim Assistance Fund.
A trio of laws to curb texting, phoning behind the wheelBy Adam W. LaskerOctober 2012Lawpulse, Page 514The legislature forgoes a full ban on cell use by drivers in favor of a targeted approach that bans hand-held communications in construction zones, emergency scenes, and other places.
The Real Prisoner's DilemmaBy Hon. Ron SpearsAugust 2012Column, Page 442Defendants have a Constitutional right to effective counsel during plea bargains.
Crime victims’ rights amendment won’t appear on November ballotBy Adam W. LaskerJune 2012Lawpulse, Page 286A proposed constitutional amendment that would have made crime victims party to the defendant’s trial undermined the constitutional presumption of innocence, the ISBA and other opponents, including prosecutors, argued.
New categories of violent offenses against youth. PA 097-0432June 2012Illinois Law Update, Page 292The Child Murderer and Violent Offender Against Youth Registration Act has been amended to introduce three new categories that define violent offenses against youth (730 ILCS 154/5).
New parole and probation condition for meth-related convictions. PA 097-0560May 2012Illinois Law Update, Page 240The Unified Code of Corrections has been amended to introduce a new condition of parole, supervised release (730 ILCS 5/3-3-7), probation, and conditional discharge (730 ILCS 5/5-6-3) following methamphetamine-related convictions.
State law prohibits possession and sale of caustic and noxious substances. PA 097-0565May 2012Illinois Law Update, Page 240Illinois lawmakers have amended the Criminal Code of 1961 to ban persons from knowingly possessing any caustic and noxious substances regulated by Title 16 CFR section 1500.129 of the Federal Caustic Poison Act. (720 ILCS 5/12-37 new.)
Lying to police can be obstructionBy Adam W. LaskerApril 2012Lawpulse, Page 178Lying to a police officer can support a conviction for obstruction of justice if the lying directly hinders the officer's official performance, the Illinois Supreme Court rules.
Six Common Criminal-Trial Errors and How to Avoid ThemBy Rob ShumakerApril 2012Article, Page 212An appellate clerk points out six common errors that send criminal cases to the next level and suggests ways to avoid them.
The Supreme Court Lowers the Bar for Post-Conviction PetitionsBy Stephanie Anders and Rob ShumakerDecember 2011Article, Page 624Recent Illinois Supreme Court cases make it less likely that criminal defendants' petitions will be quickly dismissed as frivolous under the Illinois Post-Conviction Hearing Act.
Guilty Pleas and Parole: A Practitioner's Guide to People v WhitfieldBy Geoffrey BurkhartNovember 2011Article, Page 580Whitfield creates a remedy for defendants who took negotiated pleas without being told they must also do "mandatory supervised release" (aka parole). This article explores the law.
The lesson of George Ryan v U.S.By Helen W. GunnarssonSeptember 2011Lawpulse, Page 434It's this, according to a criminal defense lawyer and court watcher: You shouldn't hesitate to argue alternative, even esoteric, bases for relief to create a record for appeal.
Miranda: Youth a factor in determining whether interrogation is "custodial"By Helen W. GunnarssonAugust 2011Lawpulse, Page 382The U.S. Supreme Court holds that a subject's youth matters when determining whether a Miranda warning is required - a conclusion the Illinois Supreme Court came to years ago.
Fine raised for imposing absolute liability for misdemeanor crimes. PA 096-1198July 2011Illinois Law Update, Page 336Illinois lawmakers have amended the Criminal Code of 1961 to raise the fine when imposing absolute liability on a person who committed a misdemeanor offense that is not punishable by incarceration (720 ILCS 5/4-9).
Are cell phones "contraband"? And what's a "penal institution"?By Helen W. GunnarssonMay 2011Lawpulse, Page 222A volunteer lawyer is charged with a felony for allegedly bringing "contraband" - her cell phone - into a police station interview room.
Volunteering to represent indigents pro bono in an area of law with which you're unfamiliar? Your heart may be in the right place, but be careful.
Death penalty is abolished. PA 096-1543May 2011Illinois Law Update, Page 228Illinois lawmakers have abolished the death penalty in Illinois and all existing sentences may not be imposed. (725 ILCS 5/119-1 new). All monies previously held in the Capital Litigation Trust Fund are now to be used to provide services for families of the victims of homicide and to provide training for law enforcement personnel.
Part of Illinois’s Identity Theft Law found unconstitutionalBy Helen W. GunnarssonMay 2011Lawpulse, Page 222The Illinois Supreme Court overturns a provision of Illinois’ identity theft statute, finding that it criminalizes innocent conduct (e.g., Google searching) performed without criminal intent.
