Publications

Illinois Bar Journal
Articles on Criminal Law and Procedure

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).
Section 11-20.1(f) of Illinois child pornography statute, including virtual children within the definition of “child,” unconstitutionally overbroad; sexually explicit computer depictions of actual children still validly prohibited under statute August 2003 Illinois Law Update, Page 384 On May 22, 2003, the Illinois Supreme Court held that section 11-20.1(f) of the Illinois child pornography statute, 720 ILCS 5/11.20.1(f) (2001).
Evidence admissible under eavesdropping statute if defendant acquiesced to monitoring; state’s use of glass-comparison evidence did not constitute plain error July 2003 Illinois Law Update, Page 332 On April 17, 2003, the Illinois Supreme Court upheld the defendant's conviction of murder in the first degree and of unlawful possession of a stolen or converted motor vehicle.
Expert witness testimony on eyewitness identification must be properly excluded on case-by-case basis; line-up photos marked by eyewitnesses allowed into jury deliberations July 2003 Illinois Law Update, Page 332 On March 31, 2003, the Appellate Court of Illinois, First District, affirmed the judgment of the circuit court of Cook County convicting the defendant of first-degree murder and sentencing him to 35 years in prison.
Search and Seizure of E-Evidence in Illinois: Cybercrime and the Internet Frontier By Rachel J. Hess July 2003 Article, Page 344 A review of the search-and-seizure issues that arise in the investigation of Internet crimes.
Does People v Morgan Invite Wrongful Convictions? By Larry R. Wells June 2003 Article, Page 307 The author argues that the Morgan one-good-count rule turns any general guilty verdict into a potential due-process violation.
No statute of limitations on certain sex offenses P.A 92-0752 June 2003 Illinois Law Update, Page 280 In accordance with Illinois' recent creation of a DNA database, the legislature amended the list of crimes for which no statute of limitations applies to include any offense involving sexual conduct.
State violated Speedy Trial Act; delays attributable to defendant on contributing charge not attributable to defendant on murder charge filed 168 days later June 2003 Illinois Law Update, Page 280 On April 3, 2003, the Illinois Supreme Court concluded that defendant Williams was deprived of a fair trial based on plain error.
A Guide to the Illinois Post-Conviction Hearing Act By Kerry J. Bryson May 2003 Article, Page 248 The Act allows prisoners to pursue claims neglected on direct appeal or based on facts not in the record.
Sentence in excess of maximum for involuntary manslaughter violates Apprendi, but subject to harmless error analysis where uncontradicted evidence in support of sentencing enhancement May 2003 Illinois Law Update, Page 226 On February 6, 2003, the Illinois Supreme Court held that the sentencing court's imposition of an enhanced sentence for involuntary manslaughter based on a judicial finding was harmless error.
Trial court properly issued search warrant where, under totality of facts, affidavit would lead one of reasonable caution to believe defendant’s hair and blood samples would be relevant evidence of offense committed May 2003 Illinois Law Update, Page 226 On February 5, 2003, the Appellate Court of Illinois, Fifth District, affirmed the order of the Circuit Court of Marion County convicting the defendant of home invasion and aggravated criminal sexual assault.
Double jeopardy does not bar second county from prosecuting defendant for different offense relating to same conduct underlying prior conviction April 2003 Illinois Law Update, Page 168 On January 15, 2003, the Appellate Court of Illinois, Fourth District, affirmed the order of the circuit court of Champaign County denying the defendant's motion to dismiss four of five counts of an indictment on grounds of double jeopardy.
Residential treatment program created for female offenders P.A. 92-0806 April 2003 Illinois Law Update, Page 168 Recent amendments to the Unified Code of Corrections, 730 ILCS 5/5 et seq., establish residential drug treatment programs for certain female offenders.
Section 9-3(b) of Criminal Code of 1961 is unconstitutional because it creates mandatory presumption of recklessness April 2003 Illinois Law Update, Page 168 On January 24, 2003, the Illinois Supreme Court affirmed the appellate court, and held that section 9-3(b) of the Criminal Code of 1961, 720 ILCS 5/9-3(b).
State must provide evidence of serious extent and nature of injury received by victim to meet burden of proof for aggravated battery April 2003 Illinois Law Update, Page 168 On January 10, 2003, the Appellate Court of Illinois, First District, modified the order of the circuit court of Cook County finding the minor delinquent of aggravated battery and remanded the cause for resentencing consistent with the adjudication.
Admitting Other-Crimes Evidence: A Call for Change By Brendan Max March 2003 Article, Page 132 When can; and should; evidence that the defendant committed other crimes be admitted to help establish guilt of the crime charged?
Interstate compact for adult offenders P.A. 92-0571 March 2003 Illinois Law Update, Page 116 The Interstate Compact for Adult Offender Supervision provides for the control and regulation of the interstate movement offenders, the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states.
Section 6-16(c) of Illinois Liquor Control Act of 1934, which subjects individual to criminal liability for allowing persons under 21 to leave his or her residence after consuming alcohol, is unconstitutionally vague on its face March 2003 Illinois Law Update, Page 116 On December 5, 2002, the Illinois Supreme Court affirmed the circuit court and held that section 6-16(c) of the Liquor Control Act of 1934, 235 ILCS 5/6-16(c), was unconstitutionally vague on its face.
Changes to penalties for heroin possession P.A. 92-0698 February 2003 Illinois Law Update, Page 62 Effective July 19, 2002, amendments to the Illinois Controlled Substances Act provide that the illegal manufacture.
Defendant’s mental retardation a relevant factor in determining whether statements made prior to custody and absent police misconduct voluntarily made February 2003 Illinois Law Update, Page 62 On November 8, 2002, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County denying the defendant's motion to suppress statements made before the defendant was in custody and absent police misconduct.
Delinquency fees for unpaid court costs P.A. 92-0653 February 2003 Illinois Law Update, Page 62 Recent amendments to the Code of Criminal Procedure provide that, absent a court-ordered payment schedule.
Legislation creates offense of sexual conduct or sexual contact with animal and increases potential sentence for defendants who commit criminal offense of aggravated criminal sexual assault with dangerous weapon P.A. 92-0721 February 2003 Illinois Law Update, Page 62 On July 25, 2002, Gov. George H. Ryan signed into law House Bill 4926, which amends the Criminal Code of 1961 to do two separate things.
Legislation prohibits knowingly installing any object in lieu of vehicle’s air bag; P.A. 92-0809 February 2003 Illinois Law Update, Page 62 On August 21, 2002, Gov. George H. Ryan signed into law House Bill 4353, which amends the Criminal Code of 1961 to create the new criminal offense of knowingly installing any object in lieu of an air bag in a vehicle for compensation.
Legislation provides sentencing ranges for violations of Boat and Snowmobile Safety Acts; P.A. 92-0615 February 2003 Illinois Law Update, Page 62 On July 8, 2002, Gov. Ryan approved legislation amending the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act.
Multiple-murder sentencing statute violates proportionate penalties clause of Illinois Constitution when juvenile defendant convicted of two counts of first-degree murder based on accountability February 2003 Illinois Law Update, Page 62 On November 21, 2002, the Illinois Supreme Court affirmed the trial court and concluded that, as applied to this juvenile defendant, the multiple-murder sentencing statute violated the proportionate penalties clause in article I, §11 of the Illinois Constitution.
Should Criminal Defendants be Required to Produce Handwriting Exemplars? By David G. Duggan February 2003 Article, Page 86 No, this author says.