Publications

Illinois Bar Journal
Articles on Criminal Law and Procedure

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 Hon. 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). 
Police departments typically not “victims” under restitution statute July 2006 Illinois Law Update, Page 334 On April 6, 2006, the Illinois Appellate Court, Second District, affirmed in part and vacated in part the decision of the Circuit Court of DuPage County to order defendant Danenberger to pay restitution to the Naperville Police Department (Department) as a condition of her probation for filing a false police report. 
False personation of peace officer while carrying a weapon now a felony PA 094-0730 June 2006 Illinois Law Update, Page 284 Effective April 17, 2006, the Criminal Code of 1961, 720 ILCS 5/1-1 et seq, was amended to expand the statutory restriction on the unlawful use of weapons. 
The Illinois Post-Conviction Hearing Act Revisited By Kerry J. Bryson June 2006 Article, Page 310 A review of recent statutory amendments to and supreme court decisions interpreting the Act.
Court Supervision in Traffic Cases: New Strategies for Amended Laws By Theodore J. Harvatin April 2006 Article, Page 192 What impact does supervision really have on your clients, especially commercial drivers? Make sure you're up to date.
Adding conditions to plea agreement after it is negotiated may violate defendant’s due process rights March 2006 Illinois Law Update, Page 118 On December 20, 2005, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, First District, and vacated the sentence imposed by the Circuit Court of Cook County on the defendant.
The Duty to Disclose Exculpatory Evidence Discovered After Trial By Brendan Max March 2006 Article, Page 138 The author argues that such a duty exists based on the U.S. Supreme Court's Brady case and Illinois discovery and ethics rules
“Family or household member” classification in domestic battery proceedings may require extended cohabitation March 2006 Illinois Law Update, Page 118 On December 22, 2005, the Illinois Appellate Court, Second District, modified a decision of the Circuit Court of DuPage County, which convicted the defendant of two counts of domestic battery. 
The Illinois Criminal and Vehicle Codes are amended to include motor fuel theft - PA 094-700 February 2006 Illinois Law Update, Page 68 Due to Illinois' strong public policy to protect its citizens from the economic effects of motor fuel theft, the Illinois General Assembly has added Article 16J to the Criminal Code of 1961, 720 ILCS 5/Art. 16J, et seq, in order to protect the people "in their health, safety and welfare from the effects of this crime." 
An omission in an indictment is harmless error unless the defendant can prove prejudice February 2006 Illinois Law Update, Page 68 On December 15, 2005, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, affirming the defendant's ten-year prison term for involuntary manslaughter of a family or household member. 
Only the state supreme court has authority to decide between competing interests behind the court’s rules February 2006 Illinois Law Update, Page 68 On December 1, 2005, the Illinois Supreme Court reinstated the defendant's appeal for post-conviction relief and remanded his case to the Illinois Appellate Court, First District. 
Tampering with fire safety system is a Class 4 felony PA 094-707 February 2006 Illinois Law Update, Page 68 Effective June 1, 2006, the Criminal Code of 1961, 720 ILCS 5/16-22 et seq, is amended by adding section 16-22, which makes "tampering with a security, fire, or life safety system" a Class 4 felony. 
Age lowered for tattoos and punishments increased -Pa 09 -06 January 2006 Illinois Law Update, Page 16 The Illinois generally Assembly amended section 12-10 of the Criminal Code of 1961, 720 ILCS 5/12-10 et seq, by lowering the minimum age in subsection (a) required for a person to get a tattoo in Illinois from age 21 to age 18. 
Amendment to the residential burglary statute does not apply retroactively January 2006 Illinois Law Update, Page 16 On october 20, 2005, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, reversing the defendant's burglary conviction. 
Motion for severance to consider victim in sexual assault cases Pa 09 -066 January 2006 Illinois Law Update, Page 16 In order to consider the emotional implications of sexual abuse victims testifying at multiple trials, section 114-8(b) of the Criminal Code of 1963, 725 ILCA 5/114-8, is amended.