Amendments to DUI statute should be harmonizedJune 2009Illinois Law Update, Page 284On March 27, 2009, the Illinois Appellate Court, Third District, reversed the decision of the Circuit Court of Henry County, which granted the defendants' motions to dismiss, holding that two subsections of the DUI statute enacted by PA 94-329 were not embodied in the DUI law, 625 ILCS 5/11-501 (2006), at the time the offenses were alleged to have been committed.
No right to expungement for pardon recipientsBy Helen W. GunnarssonMay 2009LawPulse, Page 220Just because the the governor pardons you doesn't mean you're entitled to have your conviction expunged, the illinois Supreme Court held.
A Critical Look at the Shaken Baby SyndromeBy Roger H. Kelly and Zachary M. BravosApril 2009Article, Page 200Recent research shows that factors other than abuse may be the cause of damage thought to result from shaking, the authors argue.
Post-conviction petition deemed untimelyApril 2009Illinois Law Update, Page 174On February 11, 2009, the Illinois Appellate Court, First District, reversed and remanded the ruling of the Circuit Court of Cook County which granted the defendant post conviction relief and a reduction in sentence pursuant to People v Whitfield, 217 Ill 2d 177, 840 NE2d 658 (2005) because the defendant's petition was untimely.
Commission to Study Disproportionate Justice Impact Act enacted. PA 095-0995March 2009Illinois Law Update, Page 122Illinois lawmakers enacted the Commission to Study Disproportionate Justice Impact Act to assess the “nature and extent of the harm caused to minority communities” by certain provisions of the Illinois Vehicle Code (625 ILCS 5/ et seq), Criminal Code of 1961 (720 ILCS 5/ set seq), Cannabis Control Act (720 ILCS 550/ et seq) and other listed laws.
Court’s failure to grant continuance plain errorBy Helen W. GunnarssonMarch 2009LawPulse, Page 116The high court rules that a judge’s failure to grant defense counsel’s request for a continuance in a murder trial was plain error requiring a new trial.
Admission of prior juvenile adjudications allowed toFebruary 2009Illinois Law Update, Page 70On December 2, 2008, the Illinois Supreme Court affirmed the judgment of the Illinois Appellate Court, Third District, which affirmed the decision of the Circuit Court of Peoria County to allow the state to impeach a defendant with certified copies of his prior juvenile adjudications.
Defending politicians, getting paidBy Helen W. GunnarssonFebruary 2009LawPulse, Page 64How do lawyers in the Land of Lincoln (and Ryan and Blagojevich) make sure they get paid when defending politicians charged with corruption?
New hearsay exception added for the intentional murder of a witness. PA 095-1004February 2009Illinois Law Update, Page 70The Illinois General Assembly amended the Code of Criminal Procedure by adding section 115-10.6, which creates a new hearsay exception when evidence is offered against a party that has killed the declarant "intending to procure the unavailability of the declarant as a witness in a criminal or civil proceeding." 725 ILCS 5/115-10.6.
Dismissal for double jeopardy was improperJanuary 2009Illinois Law Update, Page 16On October 24, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of Kankakee County granting the defendant's motion to dismiss on grounds of double jeopardy.
Court upholds per se conflict doctrineBy Helen W. GunnarssonDecember 2008LawPulse, Page 606 A conflict exists whenever an attorney represents both a criminal defendant and the alleged victim, the Illinois Supreme Court rules.
DUI Law: The BAIID Era BeginsBy Helen W. GunnarssonDecember 2008Article, Page 616Goodbye JDP, hello "monitoring device driving permit." Here's a look at the sweeping new DUI law that takes effect January 1.
Aggravated driving under the influence is a Class 2 felonyNovember 2008Illinois Law Update, Page 554On September 8, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Lake County finding the defendant guilty of aggravated driving under the influence of alcohol, and sentencing the defendant to three years in prison.
HGN tests meet the Frye standardBy Helen W. GunnarssonNovember 2008LawPulse, Page 548So rules the Tenth Circuit court in the first-ever Illinois Frye hearing on the admissibility of HGN tests as an indicator of drunk driving - assuming various requirements are met.
Sale of Tobacco to Minors Act amended. PA 095-0905November 2008Illinois Law Update, Page 554Illinois lawmakers amended the Sale of Tobacco to Minors Act by prohibiting the sale of "loose" cigarettes "not contained within a sealed container" to minors, and making it a crime for minors to use false identification to obtain cigarettes and other tobacco products. 720 ILCS 675/1.
Unlawful Use of Encryption offense created. PA 095-0942November 2008Illinois Law Update, Page 554The Criminal Code of 1961 has been amended by adding section 16D-5.5 "[u]nlawful use of encryption," which prohibits the use of encryption to commit or assist in committing a criminal offense. 720 ILCS 5/16D-5.5.
Criminal Code of 1961 amended. PA 095-0849October 2008Illinois Law Update, Page 504Effective January 1, 2009, the Criminal Code of 1961 is revised by adding a Cyber-bullying Law which provides penalties for harassment through electronic communication mediums. 720 ILCS 5/12-7.5.
Polygraph Exams in Sex-Offense CasesBy Kerry J. BrysonOctober 2008Article, Page 528Despite doubts about their reliability, polygraph exams are required in sex-offense cases. This article discusses the law.