Publications

Illinois Bar Journal
Articles on Criminal Law and Procedure

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.
New amendments affect police interrogations (P.A. 93-0517) October 2003 Illinois Law Update, Page 492 The Illinois Police Training Act has been amended to require training of police officers to conduct electronic interrogations.
New legislation criminalizes use of a dangerous place in connection with controlled substances offense (P.A. 93-0516) October 2003 Illinois Law Update, Page 492 The Illinois Criminal Code has been amended to criminalize the use of a dangerous place for the commission of a substance or cannabis offense.
The State may not discriminately select when to grant use immunity when doing so would prevent the defendant from fully and meaningfully presenting his defense October 2003 Illinois Law Update, Page 492 On July 11, 2003, the Appellate Court of Illinois, Third District, vacated the order of the Circuit Court of LaSalle County denying the defendant's motion to suppress evidence.
Sweeping regulation regarding sex offenders October 2003 Illinois Law Update, Page 492 The Illinois Sex Offender Management Board recently adopted regulations pursuant to their duties under 20 ILCS 4026.
Defendant who was absent at trial may file for appellate review pursuant to section 115-4.1(g) so long as appeal raises issues of fundamental fairness and due process September 2003 Illinois Law Update, Page 436 On May 20, 2003, the Appellate Court of Illinois, First District, affirmed the order of the Circuit Court of Cook County convicting the defendant of theft by deception and sentencing him in absentia.
Evidence obtained in traffic stop that was based upon an anonymous tipper who overheard cellular phone conversation on police scanner not obtained illegally and should not have been suppressed September 2003 Illinois Law Update, Page 436 On June 19, 2003, the Illinois Supreme Court held that the evidence obtained in a traffic stop that was based upon an anonymous tipper who overheard a cellular phone conversation on a police scanner was not obtained in violation of the Illinois eavesdropping statute, federal wiretapping statutes, or constitutional protections against unreasonable searches and seizures.
Governor signs six-bill package addressing Illinois criminal justice system P.A. 93-0206, P.A. 93-0208, P.A. 93-0209, P.A. 93-0210 (all approved 7-18-03, effective immediately) P.A. 93-0207, P.A. 93-0211 September 2003 Illinois Law Update, Page 436 Gov. Rod Blagojevich recently signed into law six bills aimed at eliminating problems that have raised questions about the integrity of Illinois' criminal justice system.
Increased penalties for arson involving a place of worship P.A. 93-0169 September 2003 Illinois Law Update, Page 436 New legislation provides for increased penalties for arson involving a place of worship.
Provisions under P. A. 91-0404, imposing mandatory 15- and 20-year sentence enhancements for possession or personal discharge of a firearm in the commission of certain offenses, held unconstitutional September 2003 Illinois Law Update, Page 436 On June 19, 2003, the Illinois Supreme Court held that the provisions under P. A. 91-0404, §5, effective January 1, 2000.
When conducting a routine traffic stop, a police officer’s questioning may not change the fundamental nature of the stop without any reasonable, articulable suspicion that the individual had committed a crime September 2003 Illinois Law Update, Page 436 On June 26, 2003, the Appellate Court of Illinois, Fifth District, reversed both the order of the Circuit Court of Richland County denying the defendant's motion to suppress evidence and the defendant's conviction of unlawful possession of a firearm by a felon.
Convictions in Illinois may no longer be challenged on the sole basis that they are legally inconsistent with acquittals on other charges, overruling People v Klingenberg August 2003 Illinois Law Update, Page 384 On May 22, 2003, the Illinois Supreme Court overruled its decision in People v Klingenberg, 172 Ill 2d 270, 665 NE2d 1370 (1996).