Publications

Illinois Bar Journal

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Articles on Criminal Law and Procedure

2010 Spring Session Roundup By Jim Covington August 2010 Column, Page 404 A summary of key Illinois legislation passed this spring.
Foreseeing the “Four C’s” (Collateral Consequences of Criminal Convictions) By Hon. Ron Spears August 2010 Column, Page 432 The collateral consequences of conviction are often the gravest.
Court Supervision after Padilla v Kentucky By Gary J. Ravitz July 2010 Article, Page 362 Lawyers who misinform clients about supervision could be in for trouble, especially when deportation is at stake.
Averett a win for prosecutors By Helen W. Gunnarsson June 2010 LawPulse, Page 286 The Illinois high court rules that it isn't reversible error for a trial court to defer ruling on motions in limine to exclude prior convictions unless defendants testify - and that's bad news for defendants who choose not to testify.
Criminal Lawyers and the New Ethics Rules By Randall Rosenbaum June 2010 Column, Page 326 Now lawyers must keep "information" (not just "secrets") confidential.
No Contact Orders allowed for stalking victims. PA 096-0246 June 2010 Illinois Law Update, Page 292 Victims of stalking may file a "no contact order" under a new law passed by the Illinois General Assembly. 
Penalties enhanced for selling counterfeit goods. PA 096-0631 May 2010 Illinois Law Update, Page 236 State lawmakers recently strengthened laws and penalties for dealing in counterfeit goods. 
Stiffer financial consequences for disorderly conduct in schools. PA 096-0413 April 2010 Illinois Law Update, Page 180 Illinois lawmakers have amended the section of the Criminal Code treating disorderly conduct, creating stiffer fines for false reports or threats to schools.
Conduct that qualifies as insulting or provoking contact defined March 2010 Illinois Law Update, Page 128 On December 23, 2009, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Du Page County, which convicted the defendant of battery for insulting or provoking the complainant by touching her with his knees in a dispute in an office smoking lounge.
No statute of limitation for child pornography cases. March 2010 Illinois Law Update, Page 128 Illinois lawmakers amended the Criminal Code of 1961 to allow prosecution of child pornography offenses to be undertaken "at any time."  
Protections extended to elementary and secondary schools. PA 096-0807 March 2010 Illinois Law Update, Page 128 The Illinois General Assembly has amended the Criminal Code of 1961 (Code) to provide for stiffer penalties for those who commit crimes on school property. 
Civil penalties heightened for destroying crops. PA 096-0529 February 2010 Illinois Law Update, Page 72 Illinois lawmakers in recent months beefed up the civil penalties for destroying a farmer's crops. Under amendments to the Criminal Code of 1961, any person who knowingly damages another's crops is liable to the crop owner for money damages "up to twice the market value of the crops damaged or destroyed." 720 ILCS 5/21-1.  
“Conversation” for the Eavesdropping Act includes teaching February 2010 Illinois Law Update, Page 72 On December 8, 2009, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of Stephenson County, finding that the defendant's proposed policy of operating audio-recording equipment in special-education classrooms violated section 14-2(a)(1) of the Illinois Criminal Code (hereinafter the Illinois Eavesdropping Act or Act).
Federal standard time By Helen W. Gunnarsson February 2010 LawPulse, Page 66 New laws standardize the way time periods are calculated in federal court.
New felony for using a stolen firearm to commit a crime. PA 096-0190 February 2010 Illinois Law Update, Page 72 Criminals who commit crimes with stolen guns now can be charged with a new Class 2 felony - use of a stolen firearm in the commission of an offense.
New law criminalizing obstruction of identification. PA 096-0335 February 2010 Illinois Law Update, Page 72 The Illinois General Assembly is cracking down on the obstruction of identification.  
Penalties stiffened for animal and dog fighting. PA 096-0226 February 2010 Illinois Law Update, Page 72 Illinois lawmakers in recent months stiffened penalties for activities associated with animal and dog fighting. 
Admissibility of Government Wiretaps after People v Coleman By David J. Robinson January 2010 Article, Page 44 Coleman created an exception to the Illinois eavesdropping statute for joint state and federal investigations. The author criticizes the case and considers its practical implications.
Aggravated battery with a firearm law now protects students; Unlawful use of weapons law extends protection to public transportation facilities. Public Act 096-0041 January 2010 Illinois Law Update, Page 16 State lawmakers amended the charge for aggravated battery with a firearm to include protection for students.
Counties empowered to create consolidated drug courts.PA 096-0776 January 2010 Illinois Law Update, Page 16 Illinois lawmakers recently amended the Drug Court Treatment Act to allow counties in the same judicial district to form a single drug court.
Recruiting minors into street gangs now a felony. PA 096-0199 January 2010 Illinois Law Update, Page 16 Recruiting minors into street gangs is now a Class 1 felony, under recent amendments to the Criminal Code of 1961. 
A Freer Hand for Police at Illinois Traffic Stops By Rob Shumaker December 2009 Article, Page 624 In response to the U.S. Supreme Court, the Illinois Supreme Court issued decisions that give police more freedom to search and question vehicle occupants at traffic stops.
Illinois adopts new rules governing rehabilitation of juvenile sex offenders December 2009 Illinois Law Update, Page 604 The Sex Offender Management Board adopted new sections regulating the treatment and rehabilitation of convicted juvenile sex offenders.  
Sex offenders banned from using social networking Web sites. PA 096-0262 December 2009 Illinois Law Update, Page 604 Illinois lawmakers recently added new language to the Criminal Code of 1961 to prohibit convicted sex offenders from using social networking Web sites.
Stalking laws amended. PA 096-0686 December 2009 Illinois Law Update, Page 604 The Illinois General Assembly made numerous changes to the Criminal Code of 1961, including amendments to statutes on criminal stalking, aggravated stalking, and cyberstalking. 720 ILCS 5/12-7.3-7.5.
Crime victims may present victim impact statements in mental health commitment hearings. PA 096-0117 October 2009 Illinois Law Update, Page 496 Illinois lawmakers have amended the Rights of Crime Victims and Witnesses Act to allow for victims of a violent crime to submit impact statements in cases where the defendant has been found not guilty by reason of insanity.
Inactive Client Relationships May Create Per Se Conflicts for Criminal Defense Lawyers By Isaac J. Colunga October 2009 Article, Page 522 A per se conflict of interest may arise because of a past client relationship, regardless of whether criminal defense attorneys have spoken with their former clients in years.
New Law Clarifies Illinois’ Sentencing Statutes By John J. Cullerton, Peter G. Baroni, Daniel S. Mayerfield, Ryan J. Rohlfsen, and Paul H. Tzur September 2009 Article, Page 466 A newly enacted reorganization of the Unified Code of Corrections helps bring sentencing up to date in Illinois.
2009 Spring Session Roundup By Jim Covington August 2009 Column, Page 396 A summary of key legislation.
If erroneously admitted evidence does not prejudice the defendant, the error does not require reversal July 2009 Illinois Law Update, Page 336 On April 21, 2009, the Illinois Appellate Court, Second District, on defendant's appeal from the Circuit Court of Winnebago County, affirmed the conviction of defendant, who was convicted of the unlawful possession of a weapon by a felon.