Publications

Illinois Bar Journal
Articles on Criminal Law and Procedure

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. 
Mandatory minimum sentence increased for domestic battery - PA 093-0809 June 2005 Illinois Law Update, Page 280 Effective on January 1, 2005, in addition to any other sentencing alternatives for a second or subsequent conviction for domestic battery, an individual will be automatically sentenced to a minimum of 72 consecutive hours in prison.
Criminal records relating to certain offenses may be sealed PA 093-1084 May 2005 Illinois Law Update, Page 232 The State has authorized the sealing of certain criminal records of adults and of minors who were prosecuted as adults
Failure to argue self-defense as part of litigation strategy does not constitute ineffective assistance of counsel May 2005 Illinois Law Update, Page 232 On March 8, 2005, the Illinois Appellate Court, Fourth District, affirmed the decision of the Circuit Court of Champaign County, convicting the defendants on counts of aggravated battery, resisting a police officer, and obstructing a police officer.
No statutory right to refuse chemical testing for DUI May 2005 Illinois Law Update, Page 232 On February 3, 2005, the Illinois Supreme Court reversed the decisions of both the appellate and circuit courts, which granted the defendant's motion to suppress the results of his blood and urine tests. 
Defense counsel must strictly comply with requirements of SCR 604(d) motion April 2005 Illinois Law Update, Page 170 On February 15, 2005, the Illinois Appellate Court, Second District, reversed and remanded the Circuit Court of Kane County's decision rejecting the defendant's Supreme Court Rule 604(d) motion.
Illinois criminalizes the use of audio-visual recording equipment to tape movies inside movie theaters PA 093-0804 April 2005 Illinois Law Update, Page 170 Effective immediately, any person who knowingly operates an audiovisual recording function on a device where a motion picture is being exhibited, without permission from the owner or lessee of the exhibition facility and of the licensor of the motion picture being exhibited, is guilty of criminal use of a motion picture exhibition facility.
Illinois Supreme Court Criminal 2004: Consensus and Clarification By Evelyn G. Baniewicz April 2005 Article, Page 182 Four-fifths of the court's criminal law decisions were without dissent, and only four were death-penalty appeals.
“Other-crimes” evidence is admissible to show defendant’s intent and lack of mistake April 2005 Illinois Law Update, Page 170 On January 21, 2005, the Illinois Supreme Court found that the circuit court did not abuse its discretion in admitting the evidence in question and upheld the appellate court's affirmance of the convictions.
Sentencing guidelines: mandatory no more By Helen W. Gunnarsson April 2005 LawPulse, Page 162 The U.S. Supreme Court shook up federal criminal practice by ruling in Booker/Fanfanthat sentencing guidelines are advisory only. Not surprisingly, many questions remain.
Correspondence from Our Readers March 2005 Column, Page 106 Search and Seizure and the Illinois Constitution 
Investigators in capital cases may obtain criminal information on potential witnesses PA 093-1011 March 2005 Illinois Law Update, Page 116 Effective January 1, 2005, the State Appellate Defender may hire investigators to provide investigative services to appointed counsel and county public defenders. 
Searching the passenger compartment of a vehicle is lawful regardless of whether the suspect is arrested on probable cause or on a civil warrant March 2005 Illinois Law Update, Page 116 On December 23, 2004, the Illinois Appellate Court, Fourth District, affirmed the Circuit Court of Adam County's decision denying the defendant's motion to suppress incriminating evidence found in his vehicle during a search incident to his arrest. 
State criminalizes assisting with credit applications when help is contingent on surrendering or placing a child for adoption PA 093-1063 March 2005 Illinois Law Update, Page 116 Effective in June, individuals will not be able to take certain actions that are dependent on a second person taking action with regard to child care arrangements.
Amended insanity defense does not violate the equal protection clause of the Illinois Constitution February 2005 Illinois Law Update, Page 68 On November 19, 2004, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of Du Page County, denying the defendant's motion for a new trial and sentencing him to jail for 45 years.
Recent Miranda Rulings Complicate an Already Complex Standard By Kerry J. Bryson February 2005 Article, Page 76 Last year, the US. and Illinois Supreme Courts issued Miranda opinions – and the issue remains as confusing as ever.
More individuals protected from potential harassment by criminal defendants PA 093-0818 January 2005 Illinois Law Update, Page 14 The Criminal Code has been amended to protect additional individuals from harassment when they are or were expected to testify in a legal proceeding. 
Testimony that could be reasonably accepted by a trial court should not be rejected January 2005 Illinois Law Update, Page 14 On October 7, 2004, the Illinois Supreme Court overturned the appellate court's reversal of the circuit court's conviction. 
Appointed counsel can withdraw from post conviction proceedings for lack of meritorious issues December 2004 Illinois Law Update, Page 620 On September 23, 2004, the Illinois Supreme Court affirmed the judgments of the appellate and circuit courts which granted counsel's motion to withdraw. 
Capital Punishment Reform and the Illinois Supreme Court: at the Forefront of Change By Judge Michael P. Toomin December 2004 Article, Page 642 The supreme court had already implemented some of the reforms later recommended by the Ryan commission, this author notes.
Probation in combination with imprisonment deemed acceptable punishment for offenders admitted into a drug court program P.A. 093-1014 December 2004 Illinois Law Update, Page 620 In an effort to advance both the rehabilitation of criminal offenders and public protection, the Illinois Unified Code of Corrections (IUCC) has been amended to assert that a term of imprisonment in combination.
Filmmaker charged under eavesdropping statute By Helen W. Gunnarsson November 2004 LawPulse, Page 562 A filmmaker who taped police without their consent is charged under the Illinois Eavesdropping Statute.
A plea agreement cannot be rejected for lack of timeliness unless the defendant has been given advance notice of a deadline November 2004 Illinois Law Update, Page 568 On August 11, 2004, the Illinois Appellate Court, Fourth District, reversed the Circuit Court of Champaign County's conviction and sentence and remanded the case for further proceedings.