Publications

Illinois Bar Journal
Articles on Criminal Law and Procedure

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.
New DUI bill replaces JDPs with “monitoring device driving permits” By Helen W. Gunnarsson August 2007 Lawpulse, Page 398 A major overhaul of DUI law doubles the summary-suspension period and requires offenders to submit to alcohol monitoring devices in return for driving permits. Critics charge that it will produce unintended consequences, including fewer guilty pleas.
Using CFEs and Motions to Compel Disclosure in White-Collar Criminal Defense By Frank S. Perri August 2007 Article, Page 432 Expert help and skillful motion drafting can help defense counsel respond to prosecution "document dumping" in complex criminal fraud cases..
Identity theft law applies to undocumented immigrant’s purchase of social security card July 2007 Illinois Law Update, Page 348 On May 9, 2007, the Illinois Appellate Court, Second District, affirmed the order of the Circuit Court of Winnebago County, finding the defendant guilty of two counts of identity theft and sentencing her to 30 months probation, 100 hours of public service, and a $500 fine.
The Naked Truth: Fourth Amendment Lessons from the Supreme Court By Kerry J. Bryson July 2007 Article, Page 360 A review of recent home-search cases from the U.S. Supreme Court, including the Rettele "naked search" case from May.
Challenging Summary Suspension When A Defendant’s License is Suspended, Revoked, or Expired By Charles P. Burns and Jeff Chan May 2007 Article, Page 262 Do these defendants have standing to challenge a summary suspension?
Incarceration due to forced confessions excluded from criminal and civil time limitations -PA 094-1113 May 2007 Illinois Law Update, Page 236 In order to protect the rights of the criminally accused, the Illinois General Assembly amended the Criminal Code of 1961 (Code), 720 ILCS 5/1 et seq, to provide penalties for confessions given under duress. 
Pleading guilty online By Helen W. Gunnarsson May 2007 Lawpulse, Page 230 New supreme court standards allow defendants in small traffic cases to plead guilty and pay up without a trip to the courthouse.
Challenging the Constitutionality of the Illinois Consecutive Sentencing Statute By Patrick Gallagher February 2007 Article, Page 96 The author argues that the Illinois consecutive sentencing statute violates the Sixth Amendment by allowing judges rather than jurors to make findings of fact that increase a defendant's punishment.
Identity theft laws now offer increased protection - PA 094-1008 February 2007 Illinois Law Update, Page 72 Due to the increasing instances of identity theft, the Illinois legislature has amended several sections of the Illinois Criminal Code (Code). 
Criminal defendants must be informed of right to counsel, Campbell says By Helen W. Gunnarsson January 2007 Lawpulse, Page 8 A defendant's waiver of right to counsel was ineffective because the trial judge didn't inform him of the nature of the charges, the range of penalties, or his right to a lawyer.
A pro-prosecution definition of “delay” under the Speedy Trial Act By Helen W. Gunnarsson January 2007 Lawpulse, Page 8 Even some respected defense attorneys agree that the ruling will end form-over-substance gamesmanship.
Safe Homes Act created to help reduce domestic violence- PA094-1038 December 2006 Illinois Law Update, Page 650 The Illinois General Assembly passed the Safe Homes Act (Act) in an effort to reduce domestic violence by improving the ability of tenant victims and their families to escape "domestic violence, dating violence, sexual assault, and stalking."
Impersonating a military hero is a crime : PA 094-0755 July 2006 Illinois Law Update, Page 334 Out of respect for those in the military, the Illinois General Assembly amended section 17-2 of the Criminal Code of 1961 (Code), by adding subsection (a-6). 720 ILCS 5/17-2(a-6).