Subject Index Criminal Law and Procedure

The names of prior convictions should not be admitted when the defendant is willing to stipulate to the prior convictions as qualifying for an armed habitual criminal charge

January
2023
Illinois Law Update
, Page 14
On Oct. 17, 2022, the Second District of the Illinois Appellate Court held that where a defendant is willing to stipulate to prior convictions that qualify the defendant to be charged as an armed habitual criminal, the names of those convictions should not be admitted.

Offense committed by a 17-year-old defendant does not qualify for class X sentence

January
2023
Illinois Law Update
, Page 14
On Oct. 20, 2022, the Illinois Supreme Court held that a defendant’s first felony committed at 17 years old was not a qualifying offense for class X sentencing.

The Year of the SAFE-T Act

By Pete Sherman
January
2023
LawPulse
, Page 10
Most provisions of major criminal reform legislation took effect January 1.

Investigating officer’s inaccurate implication to grand jury that defendant confessed to crime denied due process

December
2022
Illinois Law Update
, Page 12
On Sept. 23, 2022, the Second District of the Illinois Appellate Court held that a grand jury indictment should be dismissed where testimony falsely represented that the defendant had confessed.

A Year in Review; A Year Ahead

December
2022
Article
, Page 28
Select Illinois State Bar Association sections present their lists of top developments from 2022 and what to look for in 2023.

Access to expressway camera footage expanded for monitoring highway conditions and investigating certain crimes

October
2022
Illinois Law Update
, Page 16
This Act amends The Expressway Camera Act by modifying the circumstances under which footage from cameras on expressways and Jean-Baptiste Pointe DuSable Lake Shore Drive in Cook County may be extracted.

Attempt to start vehicle while in driver’s seat establishes specific intent for vehicular hijacking

October
2022
Illinois Law Update
, Page 16
On July 20, 2022, the First District of the Illinois Appellate Court held there was sufficient evidence to demonstrate specific intent required for a vehicular hijacking conviction.

To Remain Silent

By Christopher Keleher & Steven W. Becker
October
2022
Article
, Page 26
Admissibility of confessions in Illinois more than a half century after Miranda v. Arizona.

Evidence from warrantless search need not be suppressed when obtained after officers entered dwelling in the belief that an individual required emergency aid

September
2022
Illinois Law Update
, Page 16
On June 16, 2022, the Illinois Supreme Court affirmed the application of the emergency aid exception to the warrant requirement, thus admitting evidence obtained without a search warrant.

The Problem-Solving Court Boom

By Becky Hougesen Walters
September
2022
Article
, Page 30
How problem-solving courts across Illinois improve criminal justice, including during the COVID-19 pandemic. Plus, a bonus list of contacts by Illinois county.

State must return car seized after DUI to innocent co-owner

September
2022
Illinois Law Update
, Page 16
On June 30, 2022, the Third District of the Illinois Appellate Court held that Criminal Code forfeiture proceedings do not apply to individuals who are deemed innocent owners.

Murder sentence vacated on appeal in defense-of-dwelling case

August
2022
Illinois Law Update
, Page 16
On May 13, the Third District of the Illinois Appellate Court vacated the second-degree murder sentence of an individual who stabbed and killed a home intruder and held that the individual acted reasonably in defending his home.

Prosecutor’s comments about hearsay during closing argument not improper

August
2022
Illinois Law Update
, Page 16
On May 19, the Illinois Supreme Court held that a prosecutor’s comments about hearsay at closing argument were not improper.

Unregistered and unserialized firearms banned

August
2022
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Criminal Code of 2012. The amendment bans the sale, offer, or transfer of an unserialized, unfinished frame, receiver, or firearm unless the purchaser is a qualifying federal entity.

Trial courts required to hold evidentiary hearings upon referral from Illinois Torture Inquiry and Relief Commission

July
2022
Illinois Law Update
, Page 14
On April 25, 2022, the First District of the Illinois Appellate Court held that a trial court is required to have an evidentiary hearing upon referral from the Illinois Torture Inquiry and Relief Commission (TIRC) unless it is against the manifest weight of the evidence.

Illinois, Out on Bail

By Thomas A. Drysdale
June
2022
Article
, Page 34
Comparing the Illinois Pretrial Fairness Act, which eliminates the use of cash bail in Illinois, with the federal Bail Reform Act, which abolished cash bail in the federal criminal system in 1984.

Law enforcement records must exclude the child victim’s identity

June
2022
Illinois Law Update
, Page 16
The Privacy of Child Victims of Criminal Sexual Offenses Act is amended to exclude the identity of a child victim of a criminal sexual offense from law enforcement and circuit court records. A select few specific individuals may be exempt.

To Release or Not to Release

By Emily L. Fitch & Brenda M. (Duke) Mathis
June
2022
Article
, Page 38
An overview of the new Illinois criminal bail reform law that will take effect Jan. 1, 2023.

Charging information with variance in victim’s name may give rise to material ambiguity due to mistaken identity

May
2022
Illinois Law Update
, Page 14
On Feb. 24, 2022, the Third District of the Illinois Appellate Court held that a charging instrument failed to give sufficient notice for the preparation of a defense when the charging document failed to identify who the defendant allegedly contacted in violation of a no-contact order.

One-act, one-crime rule violated when only one firearm was involved in multiple firearm convictions

May
2022
Illinois Law Update
, Page 14
On Feb. 2, 2022, the First District of the Illinois Appellate Court reversed and remanded a trial court’s finding involving three separate convictions with instructions to merge the offenses after a one-act, one-crime rule violation.

Persons in police custody have the right to make three telephone calls no later than three hours after arrival at the place of detention

May
2022
Illinois Law Update
, Page 14
The Code of Criminal Procedure is amended to afford persons in police custody three telephone calls free of charge. No later than three hours after arriving at the first place of detention, the detainee must be given access to a telephone to make three phone calls.

Propensities, for Evidence and Violence

By Charles Golaszewski
May
2022
Article
, Page 30
Propensity evidence and opposing expungements in domestic violence situations.

Defense counsel must certify consulting with defendant about guilty plea to strictly comply with Rule 604(d)

April
2022
Illinois Law Update
, Page 14
On Jan. 21, 2022, the Illinois Supreme Court held that counsel must strictly comply with Rule 604(d) and overruled its 2019 decision in People v. Peltz.

Prosecutor did not impermissibly shift the burden of proof to defendant when prosecutor did not blame defendant for not requesting evidence testing

April
2022
Illinois Law Update
, Page 14
On Jan. 21, 2022, the Illinois Supreme Court held that a prosecutor did not impermissibly shift the burden of proof to the defendant when the prosecutor said in rebuttal closing argument that the defendant could have requested evidence testing.

Guilty as Charged?

By Jeffrey Hicken
March
2022
Article
, Page 38
A retired attorney reflects on a formative case from his early days.
3 comments (Most recent March 18, 2022)

Substantial probability to reoffend incorporated into the definition of a sexually dangerous person

February
2022
Illinois Law Update
, Page 14
On Nov. 18, 2021, the Illinois Supreme Court held that if an individual is found to be a sexually dangerous person under the Sexually Dangerous Persons Act (Act), it is not necessary to make a separate and express finding that the individual is substantially probable to reoffend.

Unsupported finding for drugs and misremembering of the testimony deprive right to fair trial

February
2022
Illinois Law Update
, Page 14
On Nov. 22, 2021, the First District of the Illinois Appellate Court found that the trial court violated the right to due process by making factual findings not based on the evidence.

Any individual may file a motion to vacate and expunge a conviction for a prior class 4 felony violation of prostitution

January
2022
Illinois Law Update
, Page 16
The Criminal Identification Act is amended to allow any individual to file a motion to vacate and expunge a conviction for a prior class 4 felony violation of prostitution.

Criminal Protective Orders: A Practitioner’s Guide

By Benjamin Lawson
January
2022
Article
, Page 34
A deep dive into Illinois’ criminal protective order statute.

Defining Lewdness

By Christopher Keleher
January
2022
Article
, Page 38
Lower courts are largely rudderless in an era of smartphones and selfies when it comes to defining lewdness and child pornography.

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