Publications

Illinois Bar Journal
Articles on Criminal Law and Procedure

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.
Criminal street gang recruitment on school grounds is a Class 1 felony P.A. 093-0938 October 2004 Illinois Law Update, Page 514 Criminal street gang recruitment on school grounds or on public property adjacent to school grounds is a Class 1 felony. 
Evidence that reveals a victim’s “prior sexual activity” is rendered inadmissible by the rape shield statute September 2004 Illinois Law Update, Page 456 On June 24, 2004, the Illinois Supreme Court reversed an order of the appellate court and affirmed the circuit court's finding that evidence sought to be introduced by the defendant was barred by the rape shield statute.
Revisions Made Regarding Custodial Interviewing and Death Penalty Sentencing P.A. 93-0605 July 2004 Illinois Law Update, Page 340 Effective immediately, a pilot program requiring the recording of custodial interviews of suspects will be established in four police stations in the State of Illinois.
New Laws Criminalize Possession of Materials Used to Make Identification Cards P.A. 93-0667 June 2004 Illinois Law Update, Page 292 Effective immediately, it is a violation of the Illinois Identification Card Act to possess, use, or allow to be used any materials, hardware, or software specifically designed for or primarily used in the manufacture, assembly, issuance, or authentication of an official Illinois Identification Card or Illinois Disabled Person Identification Card issued by the Secretary of State.
Procedures Outlined for Criminal Justice Board June 2004 Illinois Law Update, Page 292 On March 12, 2004, the Illinois Criminal Justice Information Authority implemented new regulations at 2 Ill. Adm. Code 1760 to outline procedures for the Illinois Integrated Justice Information System Implementation Board.
Defendant’s conviction for armed robbery upheld based on limited circumstantial evidence regarding the presence of a weapon: a thin cut on victim’s throat and victim’s “confused” testimony May 2004 Illinois Law Update, Page 242 On February 5, 2004, the Appellate Court of Illinois, Third District, affirmed the conviction of the defendant for armed robbery in the Circuit Court of Kankakee County. 
No police “eavesdropping” on sexual predators; even in cyberspace? By Helen W. Gunnarsson May 2004 LawPulse, Page 236 The Illinois eavesdropping statute's prohibition against taping with only one party's consent hampers legitimate law enforcement, a legal scholar opines.
2003 Illinois Supreme Court Criminal Cases: Traffic Stops and Apprendi Retroactivity By Evelyn G. Baniewicz April 2004 Article, Page 190 A look at the leading criminal law decisions from the 2003 term
Capital Punishment Reform; What’s Been Done and What Remains to Be Done By Thomas P. Sullivan April 2004 Article, Page 200 A summary of changes wrought by Illinois' capital punishment reform legislation.
Unlawful entry is an “authorized act” by a peace officer within the meaning of the municipal ordinance of resisting or obstructing a peace officer April 2004 Illinois Law Update, Page 176 On January 21, 2004, the Appellate Court of Illinois, Fourth District, affirmed the judgment of the Circuit Court of Champaign County convicting the defendant of resisting or obstructing a peace officer. 
Trial court erred in ordering restitution based on a charge that was dismissed as part of plea agreement. March 2004 Illinois Law Update, Page 124 On December 30, 2003, the Appellate Court of Illinois, Second District, vacated the order of the trial court ordering the defendant to pay restitution based on a criminal damage to property charge that was dismissed as a part of her plea agreement on other charges.
Demystifying the USA PATRIOT Act By William F. Zieske February 2004 Article, Page 82 Have you wondered what this massive, controversial Act is really all about? Here's a summary and review.
Offenders May Participate in State’s Attorney’s Bad Check Diversion Programs as an Alternative to Prosecution; P.A. 093-0394 February 2004 Illinois Law Update, Page 70 State's attorneys may create bad check diversion programs within their offices, which would allow qualified offenders to participate in the program instead of being prosecuted for the offense. 
Post-Conviction Petitions Limited Unless Certain Extenuating Circumstances Can be Shown P.A. 093-0493 February 2004 Illinois Law Update, Page 70 Effective the first of the year, an inmate cannot file more than one post-conviction petition in the trial court, under 725 ILCS 5/122-1, without leave of court.
Trial courts have no obligation to sua sponte issue an involuntary manslaughter instruction February 2004 Illinois Law Update, Page 70 On November 20, 2003, the Illinois Supreme Court reversed the judgment of the appellate court that found that the trial court had abused its discretion when it failed to sua sponteissue an involuntary manslaughter instruction to the jury. 
Voice Stress Analyzer a Permissible Method of Deception Detection P.A. 93-0619 February 2004 Illinois Law Update, Page 70 The Detection of Deception Examiners Act was recently amended to clarify that the Act does not prohibit the use of a voice stress analyzer by any trained.
Aggravated battery cannot be the predicate offense for felony murder. January 2004 Illinois Law Update, Page 16 On October 17, 2003, the Illinois Supreme Court reversed in part, affirmed in part, and remanded the appellate court's decision to overturn the defendant's conviction of felony murder because it was improperly predicated upon aggravated battery.
Corporate Officials to be Held Criminally Responsible for Misconduct P.A. 93-0496 December 2003 Illinois Law Update, Page 600 Effective January 1, 2004, the Criminal Code is amended to hold those responsible for corporate misconduct criminally accountable.
Offense elements must be identical for a proportionate penalties clause challenge to succeed December 2003 Illinois Law Update, Page 600 On September 18, 2003, the Illinois Supreme Court reversed the portion of the appellate court's decision that vacated the defendant's extended-term sentence. 
The periodic presence of a probationer does not constitute grounds for indiscriminate searches December 2003 Illinois Law Update, Page 600 On September 18, 2003, the Illinois Supreme Court affirmed the circuit and appellate courts' judgments to suppress evidence found during a search of the defendant's motel room in which a probationer subject to a search condition was staying.
State does not have the burden to prove probable cause to arrest in order to establish that a defendant is in “lawful custody” for the purpose of proving felony escape December 2003 Illinois Law Update, Page 600 On September 19, 2003, the Appellate Court of Illinois, Second District, affirmed the defendant's conviction for escape in the circuit court of Stephenson County.
“Stop and Frisk” in Illinois: Recent Supreme Court Terry-Doctrine Decisions By Michelle M. Jochner December 2003 Article, Page 616 A look at recent decisions that define when warantless stops are permissible under the Fourth Amendment.
Defendants must show cause and prejudice for postconviction petitions to be considered. November 2003 Illinois Law Update, Page 550 On August 21, 2003, the Illinois Supreme Court held that a postconviction petitioner may not raise a claim based on Apprendi v. New Jersey, 530 U.S. 466, in a successive postconviction petition.
Judges must warn immigrants that guilty pleas can lead to deportation By Helen W. Gunnarsson November 2003 LawPulse, Page 544 A new law requires judges to warn immigrant defendants that their plea bargains can lead to deportation.
A pending traffic citation and complaint for “driving while license revoked” tolls the 3-year statute of limitations under §3-7(c) of the Criminal Code, and “aggravated driving while license revoked” constitutes the same conduct as misdemeanor offense under same section. November 2003 Illinois Law Update, Page 550 On August 7, 2003, the Appellate Court of Illinois, Second District, reversed the order of the Circuit Court of DuPage County dismissing the indictment filed against the defendant for aggravated driving while license revoked and remanded the cause for further proceedings.
Synthetic Drug Manufacturing Conspiracy Defined P.A. 93-0596 November 2003 Illinois Law Update, Page 550 A person commits criminal synthetic drug manufacturing conspiracy when, with the intent that a controlled substance be manufactured or produced, the person aids in the manufacture or production of a synthetic controlled substance.
Expungement of Juvenile Records By Terence M. Madsen October 2003 Article, Page 523 How to help your juvenile-offender client wipe the slate clean.