Publications

Illinois Bar Journal
Articles on Criminal Law and Procedure

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. 
Tough New Dui Laws Take Effect in ’06 By George A.M. Heroux December 2005 Article, Page 636 These new laws, effective January 1, take special aim at drivers responsible for fatalities.
Strict compliance with Supreme Court Rule 605(a) is not mandatory October 2005 Illinois Law Update, Page 506 On August 18, 2005, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, denying the defendant's motion for remand. 
Fees, Part 1: Budgeting required for Capital Litigators By Helen W. Gunnarsson September 2005 Lawpulse, Page 438 Appointed criminal defense counsel must now submit budget estimates under the amended Capital Crimes Litigation Act.  
Fees, Part 2: Higher ceilings for court-appointed attorneys? By Helen W. Gunnarsson September 2005 Lawpulse, Page 438 Fees, Part 2: Higher ceilings for court-appointed attorneys?
A jury’s determination of first degree murder and a trial court’s imposed sentence are accorded great deference September 2005 Illinois Law Update, Page 446 On June 30, 2005, the Illinois Appellate Court, First District, affirmed the defendant's murder conviction, which he received following a jury trial in the Circuit Court of Cook County.
Retroactivity and Judicial Construction of Criminal Statutes By Larry R. Wells September 2005 Article, Page 474 When a court interprets a statute in favor of a criminal defendant, must that interpretation be applied to events that happened before that case  was decided? Yes, this author opines.
Crawford, Breathalyzer Tests, and the Public-Records Hearsay Exception By Hon. William J. Haddad August 2005 Article, Page 412 May breathalyzer logbook entries still be introduced in Illinois under the public-records exception?
Crawford v Washington and the Limits on Admitting Hearsay in Criminal Trials By John H. Gleason August 2005 Article, Page 408 Crawford limits a judge's discretion to admit hearsay against criminal defendants. Here's a discussion of the case's impact and  unanswered questions.
State may rely solely on pictures as evidence depicting child pornography August 2005 Illinois Law Update, Page 390 On June 3, 2005, the Illinois Supreme Court affirmed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of Ogle County, sentencing the defendant to two years of probation on several counts of possession of child pornography. 
A charge of fleeing or attempting to elude a police officer does not require proof that the officer activated a siren or horn to pull over the defendant July 2005 Illinois Law Update, Page 336 On May 6, 2005, the Illinois Appellate Court, Second District, affirmed in part, vacated in part, and remanded a decision of the Lake County Circuit Court convicting the defendant of various charges relating to his arrest for speeding and possession of illegal substances.
Knowledge mens rea required to prove theft of labor or services June 2005 Illinois Law Update, Page 280 On March 31, 2005, the Illinois Appellate Court, Second District, reversed the judgment, via a jury verdict, of the Circuit Court of Du Page County, convicting the defendant of misdemeanor theft of services.