Publications

Illinois Bar Journal
Articles on Criminal Law and Procedure

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.
No ineffective assistance where motion to dismiss would have failed June 2008 Illinois Law Update, Page 284 On April 3, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the circuit court rejecting an ineffective-assistance claim because a motion to dismiss one of the charges on the basis of a speedy-trial violation would not have been successful.
When Hearsay Testimony Is a Nonevent Under the Confrontation Clause By Robert J. Steigmann June 2008 Article, Page 304 An Illinois Appellate Court justice says that a witness who disavows his or her own hearsay statements is not "unavailable" as to those statements.
Driving on Sunday not reasonable suspicion to make traffic stop May 2008 Illinois Law Update, Page 236 On March 4, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the circuit court quashing the arrest of the defendant and suppressing the evidence resulting from that arrest.
Prosecutors on prosecutroial discretion By Helen W. Gunnarsson May 2008 LawPulse, Page 230 Two state's attorneys from opposite ends of illinois discuss their philosophies about deciding whether, and if so how, to prosecute a case. 
Verbal refusal does not control where defendant physically complies with chemical test May 2008 Illinois Law Update, Page 236 On March 7, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of De Kalb County finding that the defendant had not refused to submit to testing to determine the content of alcohol or other drugs in his blood.
No suppression of evidence obtained in violation of Illinois eavesdropping statute April 2008 Illinois Law Update, Page 180 On February 7, 2008, the Illinois Supreme Court affirmed the order of the Circuit Court of Du Page County refusing to suppress evidence obtained in violation of the Illinois eavesdropping statute, 720 ILCS 5/14-2. 
Problem-Solving Courts By Helen W. Gunnarsson April 2008 Article, Page 184 Supporters of drug, mental-health, and other specialty courts say they reduce recidivism and help offenders get control of their lives.
Inference permitted to satisfy mental states for unlawful use of recordings. PA 95-0485 March 2008 Illinois Law Update, Page 124 Sections 16-7 and 16-8 of the Criminal Code of 1961 have been amended. 720 ILCS 5/16-7, 16-8. The Code defines the act and mental states that constitute unlawful use of unidentified sound or audio visual recordings. 
Admission of detective’s testimony did not violate the Confrontation Clause February 2008 Illinois Law Update, Page 72 On November 30, 2007, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County sentencing the defendant to 85 years for first degree murder and home invasion.
Adult DUI offenders who transport minors - what is the law? By Helen W. Gunnarsson February 2008 LawPulse, Page 66 A recent Journal article inspires a debate about whether the statute it discussed is still in effect and a call for the legislature to clear up the confusion.
Duration of registration for Sex Offenders and Violent Offenders against Youth amended. PA 095-0169 February 2008 Illinois Law Update, Page 72 The Illinois General Assembly mandates that the Illinois State Police maintain a statewide Sex Offender Database (730 ILCS 152/115 (a)-(b)) and Child Murderer and Violent Offender Against Youth Database ((730 ILCS 154/85 (a)-(b)). 
How to Admit or Exclude PBT Results By Eric R. Waltmire February 2008 Article, Page 92 Police sometimes administer preliminary breath tests to drivers stopped on suspicion of DUI. When and how are the results admissible in a hearing? Here's a look at the cases.
No withdrawal allowed for a “blind plea” January 2008 Illinois Law Update, Page 16 On October 26, 2007, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Will County sentencing the defendant to 22 years for pleading guilty to two counts of first degree murder.
Police Interrogation of Motorists at Traffic Stops By Bruce L. Carmen January 2008 Article, Page 44 The Fourth Amendment prohibits police from turning routine traffic stops into investigations of other criminal activity.
Search valid with consent of co-tenant even where other co-tenant is home but asleep December 2007 Illinois Law Update, Page 632 On October 9, 2007, the Illinois Appellate Court, First District, reversed the ruling of the Circuit Court of Cook County granting the defendant’s motion to suppress evidence obtained pursuant to an illegal search of defendant’s home.
State must establish foundation for admittance of electronic conversation transcript December 2007 Illinois Law Update, Page 632 On September 28, 2007, the Illinois Appellate Court, First District, reversed and remanded for new trial the judgment of the Circuit Court of Cook County convicting the defendant of indecent solicitation of a child because the State did “nothing to establish a foundation for the admissibility of the transcripts as evidence.” 
Definition of neglected child expanded. PA 095-0443 November 2007 Illinois Law Update, Page 576 The Illinois General Assembly has amended Section 3 of the Abused and Neglected Child Reporting Act. 325 ILCS 5/3. 
Extraterritorial arrest valid when officer does not resort to powers of his office November 2007 Illinois Law Update, Page 576 On August 24, 2007, the Illinois Appellate Court, Fifth District, upheld the judgment of the Circuit Court of Williamson County denying the defendant's motion to suppress all evidence seized during his arrest.
No conflict of interest in representing codefendant November 2007 Illinois Law Update, Page 576 On September 12, 2007, the Illinois Appellate Court, Third District, affirmed the theft conviction of Janet Turner in the Circuit Court of Knox County. 
No Supervision for Adult DUI Offenders Who Transport Minors? By Ralph Strathmann November 2007 Article, Page 596 A statute requiring prison time instead of court supervision for adult first-time DUI offenders who were transporting minors conflicts with existing law, this author argues.
Davis v Washington Narrows the Scope of “Testimonial” Hearsay By Howard W. Anderson, III October 2007 Article, Page 546 Prosecutors can't introduce "testimonial" hearsay unless the defendant had a chance to cross-examine the unavailable declarant. Davis tells us when a statement is not "testimonial."
New law expands video appearances by prisoners By Helen W. Gunnarsson October 2007 LawPulse, Page 510 Public defenders opposed the law's passage, arguing that it gives inmates second-class justice.
Vehicle search incident to arrest justified even when arrest is made outside of vehicle October 2007 Illinois Law Update, Page 516 On August 9, 2007, the Illinois Appellate Court, Third District, reversed the decision of the Circuit Court of Will County granting the defendant's motion to suppress evidence found in the defendant's vehicle.  
“Sex Offenders” but No Sex Crime? By Marion Buckley and J. Michael True September 2007 Article, Page 482 Under the original law, some people who didn't commit sex crimes had to register as "sex offenders." The legislature addressed the issue last year with a new law that creates its own problems.
2007 Spring Session Roundup By Jim Covington August 2007 Column, Page 408 Highlights of this year's legislative session.