Publications

Illinois Bar Journal
Articles on Criminal Law and Procedure

Commission to Study Disproportionate Justice Impact Act enacted. PA 095-0995 March 2009 Illinois Law Update, Page 122 Illinois 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 error By Helen W. Gunnarsson March 2009 Lawpulse, Page 116 The 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.
Judges must rule before trial on motions in limine By Helen W. Gunnarsson March 2009 Lawpulse, Page 116 A new ruling lets criminal defense attorneys know before deciding to let their clients testify whether their priors will be admitted at trial.
Admission of prior juvenile adjudications allowed to February 2009 Illinois Law Update, Page 70 On 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 paid By Helen W. Gunnarsson February 2009 Lawpulse, Page 64 How 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 095-1004 February 2009 Illinois Law Update, Page 70 The 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 improper January 2009 Illinois Law Update, Page 16 On 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. 
Code of Criminal Procedure amended to accommodate those with developmental disabilities. PA 095-0897 December 2008 Illinois Law Update, Page 612 The Illinois General Assembly amended the Code of Criminal Procedure of 1963 by changing the heading of Article 106b and amending Section 106B-5. 725 ILCS 5/106B-5. 
Court upholds per se conflict doctrine By Helen W. Gunnarsson December 2008 Lawpulse, 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 Begins By Helen W. Gunnarsson December 2008 Article, Page 616 Goodbye JDP, hello "monitoring device driving permit." Here's a look at the sweeping new DUI law that takes effect January 1.
Firefighters protected by Criminal Code amendment. PA 095-0801 December 2008 Illinois Law Update, Page 612 Illinois lawmakers amended the Criminal Code of 1961 by modifying section 31-1. 720 ILCS 5/31-1. 
Incriminating statements suppressed in first degree murder case December 2008 Illinois Law Update, Page 612 On September 30, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the Circuit Court of McLean County granting the defendant's two motions to suppress evidence. 
Aggravated driving under the influence is a Class 2 felony November 2008 Illinois Law Update, Page 554 On 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.
The Crawford Confrontation-Clause Bar: Governmental Involvement Is Key to “Testimonial” Hearsay By Hon. Daniel B. Shanes November 2008 Article, Page 574 The author argues that statements are rarely "testimonial" - and thus barred - if the government did not produce them.
Criminal Code creates “grooming” and “traveling to meet a minor” offenses. PA 095-0901 November 2008 Illinois Law Update, Page 554 Illinois lawmakers amended the Criminal Code of 1961 to include two new related offenses: "grooming" and "traveling to meet a minor." 720 ILCS 5/11-25, 11-26. 
Evidence sufficient to uphold conviction for disorderly conduct November 2008 Illinois Law Update, Page 554 On August 20, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County finding the defendant guilty of disorderly conduct. 
HGN tests meet the Frye standard By Helen W. Gunnarsson November 2008 Lawpulse, Page 548 So 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 095-0905 November 2008 Illinois Law Update, Page 554 Illinois 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.
Two traffic stops, no Fourth Amendment “seizures,” the court rules By Helen W. Gunnarsson November 2008 Lawpulse, Page 548 The Illinois Supreme court rules for the state in two cases where defendants were asked for consent to search after a traffic stop.
Unlawful Use of Encryption offense created. PA 095-0942 November 2008 Illinois Law Update, Page 554 The 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 095-0849 October 2008 Illinois Law Update, Page 504 Effective 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 Cases By Kerry J. Bryson October 2008 Article, Page 528 Despite doubts about their reliability, polygraph exams are required in sex-offense cases. This article discusses the law.
Representation by unlicensed law student without consent or knowledge not deprivation of counsel October 2008 Illinois Law Update, Page 504 On August 5, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County denying defendant's motion to quash arrest and suppress evidence. 
Search of probationer’s computer deemed permissible October 2008 Illinois Law Update, Page 504 On August 12, 2008, the Illinois Appellate Court, Second District, affirmed in part, reversed in part, and remanded for further proceedings the judgment of the Circuit Court of Kane County granting the defendant's motion to quash arrest and suppress evidence found pursuant to a search of the defendant's home by probation officers.
Traffic stop impermissibly prolonged September 2008 Illinois Law Update, Page 444 On June 26, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of Henry County denying Bernstein's motion to suppress and sentencing him to 48 months probation for unlawful possession of marijuana with intent to deliver.
Correspondence from Our Readers July 2008 Column, Page 330 Sharia law? Voluntary dismissal; confrontation clause; HUD-1 form.st.
Inference permitted to satisfy element of reckless homicide. PA 095-0587 July 2008 Illinois Law Update, Page 340 The Criminal Code of 1961 has been amended by adding subsection (e-10) to Section 9-3 dealing with "Involuntary Manslaughter and Reckless Homicide." 720 ILCS 5/9-3. 
Traffic stop and subsequent Terry search valid when based on non-anonymous tip July 2008 Illinois Law Update, Page 340 On April 15, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of McDonough County granting the defendants' motions to suppress two bags containing approximately 28 or 29 boxes of pseudoephedrine collected during a search of the defendant's motor vehicle after a traffic stop for improper lane usage.
DUI changes effective June 1 By Helen W. Gunnarsson June 2008 Lawpulse, Page 278 Thanks to a law signed last year, a crazy quilt of DUI laws taking effect June 1 isn't so crazy. But ambiguities remain.
No error in allowing evidence of past convictions June 2008 Illinois Law Update, Page 284 On April 3, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the circuit court allowing the prosecution to present evidence of the defendant's prior convictions for aggravated battery and aggravated assault.