Publications

Illinois Bar Journal
Articles on Criminal Law and Procedure

Impeaching Jury Verdicts for Juror Misconduct and Prejudicial Influence By Hon. Denise M. O’Malley October 2000 Article, Page 568 A judge's perspective on how courts do—and should—respond to alleged juror misconduct and prejudice.
The Lawyer’s Journal By Bonnie C. McGrath October 2000 Column, Page 560 The illusion of insurance exclusion; lease lacking, landlord loses; OSHA makes house calls; and more.
Recent U.S. Supreme Court Fourth Amendment Rulings Expand Police Discretion By Michele M. Jochner October 2000 Article, Page 576 Far from drawing bright lines, these rulings have raised new uncertainties, this author argues.
Sex offender registration October 2000 Illinois Law Update, Page 563 On June 19, 2000, the Illinois Department of State Police (department) adopted amendments and a new section to section 1280 of the Illinois Administrative Code. 20 Ill Adm Code 1280.
Sexual assault evidence may be released by health officials in new circumstances; P.A. 91-888 October 2000 Illinois Law Update, Page 563 Under a new Illinois law, sexual assault evidence collection kits may be released in an increased number of situations to facilitate prosecutions of alleged offenders.
Sexually Violent Persons Commitment Act amended; P.A. 91-875 October 2000 Illinois Law Update, Page 563 The number of persons considered "sexually violent" may increase as a result of recent changes to the Sexually Violent Persons Commitment Act.
Governor signs new law mandating the preservation of evidence, withholds authority to exercise amendatory veto P.A. 91-871 September 2000 Illinois Law Update, Page 500 The 91st General Assembly has taken a second major step toward ensuring criminal justice by requiring that physical evidence used to convict criminals be preserved for DNA and other testing in post-trial proceedings.
Enforcing Orders of Protection Across State Lines By Celia Guzaldo Gamrath August 2000 Article, Page 452 Is your client protected when she crosses state lines with an order of protection? Read and find out.
The Lawyer’s Journal By Bonnie C. McGrath August 2000 Column, Page 434 You still have the right to remain silent; UPL and in-house counsel; and more.
Trial court did not improperly dismiss potential juror in death penalty case August 2000 Illinois Law Update, Page 438 On June 15, 2000, the Illinois Supreme Court affirmed first degree murder, attempted murder, and armed robbery convictions against Paris D. Sims, as well as a death sentence ordered by the circuit court of St. Clair County.
Background checks for licensed exempt child care providers July 2000 Illinois Law Update, Page 380 On April 5, 2000, the Illinois Department of Human Services adopted emergency amendments to section 50 of the Illinois Administrative Code. 89 Ill Adm Code 50.
The Illinois Whistleblower Reward and Protection Act and Its Qui Tam Provisions By Tod A. Lewis July 2000 Article, Page 392 Here's how to use this little-known statute, which allows private-sector whistleblowers to sue on behalf of the state and share any recovery.
The Lawyer’s Journal By Bonnie C. McGrath June 2000 Column, Page 308 Playing the child-support percentages; ADA news and views; please don't squeeze the luggage; and more.
Neighborhood Services Act compromise finally reached June 2000 Illinois Law Update, Page 310 During one of the briefest legislative sessions in recent memory, the General Assembly ended a four-month controversy over whether illegally transporting firearms should be considered a felony or misdemeanor in Illinois.
Racial profiling study rejected; H.B. 3911 June 2000 Illinois Law Update, Page 310 House Bill 3911 required Illinois law enforcement officers to record information about the race of motorists who received traffic or warning citations.
Relevant Conduct and the Law of Conspiracy By David G. Duggan June 2000 Article, Page 351 The problems posed by the federal sentencing guidelines for defendants charged with liability for the criminal acts of others.
1999 Illinois Supreme Court Criminal Review: Breathing Life into the Single-Subject Clause By James H. Reddy April 2000 Article, Page 218 The court decided fewer death-penalty cases than in the past and breathed life into the single-subject clause.
Excessive speeders slowed by Class A misdemeanor penalty ; P.A. 91-469 April 2000 Illinois Law Update, Page 196 Pursuant to Public Act 91-469, "[a] person who drives a vehicle ... at a speed that is 40 miles per hour or more in excess of the applicable maximum speed limit" commits a Class A misdemeanor.
New hearsay exception created for statements made by deceased declarants; P.A. 91-363 April 2000 Illinois Law Update, Page 196 Public Act 91-363 creates a new hearsay exception by adding section 115-10.4 to the Code of Criminal Procedure of 1963, 725 ILCS 5/100-1 et seq.
S.A.N.E. Program April 2000 Illinois Law Update, Page 196 On January 7, 2000, the Illinois Criminal Justice Information Authority ("Authority") adopted emergency amendments to the Illinois Administrative Code. 20 Ill Adm Code 1560.
Capital Crimes Litigation Trust Fund March 2000 Illinois Law Update, Page 128 On December 23, 1999, the Office of the Illinois State Treasurer adopted emergency rules to section 725 of the Illinois Administrative Code. 74 Ill Adm Code 725.
The Lawyer’s Journal By Bonnie C. McGrath March 2000 Column, Page 124 Public defenders and legal malpractice; lawyers can commit UPL; and more.
General Assembly approves Gov. Ryan’s amendatory veto of eavesdropping law changes; P.A. 91-657 February 2000 Illinois Law Update, Page 68 P.A. 91-657 makes several changes to the eavesdropping sections of the Illinois Criminal Code, 720 ILCS 5/14-1 et seq. The act also closes a loophole and makes additional amendments.
The Lawyer’s Journal By Bonnie McGrath February 2000 Column, Page 62 Banks and title insurance; fees for foiled FOIA requests; crafting affirmative action plans; and more.
Illinois attempts to keep drugs out of state January 2000 Illinois Law Update, Page 16 As of January 1, 2000, Illinois drivers who own or operate vehicles containing hidden compartments may be guilty of a Class C misdemeanor. Public Act 91-359 amends the Vehicle Code by making it illegal to own or operate a motor vehicle when a person knows the vehicle contains a false or secret compartment.
Illinois outlaws methamphetamine producing substances January 2000 Illinois Law Update, Page 16 Public Act 91-403 amends the Controlled Substances Act by making it unlawful to possess any methamphetamine-manufacturing chemical with the intent to manufacture meth.
The Lawyer’s Journal By Bonnie McGrath January 2000 Column, Page 10 Losing the right to a jury trial — is it malpractice?
Animal cruelty now a felony in Illinois; P.A. 91-351 December 1999 Illinois Law Update, Page 636 Until recently, torturing animals was only a misdemeanor in Illinois. However, individuals who intentionally torture animals will now face up to three years in prison and will be forced to undergo psychological and psychiatric evaluations for a first offense.
The Lawyer’s Journal By Bonnie McGrath December 1999 Column, Page 632 One new rule clarifies notice-of-appeal filings in criminal cases...