Proving Proximate Cause in Malpractice casesBy Terrence J. Lavin and Kristina M. LauMay 2009Article, Page 254Illinois courts are still struggling to determine the plaintiff's proper burden of proving proximate cause in "lost chance" cases.
“Rape Shield” for Civil LawsuitsBy Helen W. GunnarssonMay 2009LawPulse, Page 220An Illinois House bill would extend the prohibition against admitting evidence of an alleged victim's sexual history to sexual harassment charges.
Admission of prior juvenile adjudications allowed toFebruary 2009Illinois Law Update, Page 70On December 2, 2008, the Illinois Supreme Court affirmed the judgment of the Illinois Appellate Court, Third District, which affirmed the decision of the Circuit Court of Peoria County to allow the state to impeach a defendant with certified copies of his prior juvenile adjudications.
New hearsay exception added for the intentional murder of a witness. PA 095-1004February 2009Illinois Law Update, Page 70The Illinois General Assembly amended the Code of Criminal Procedure by adding section 115-10.6, which creates a new hearsay exception when evidence is offered against a party that has killed the declarant "intending to procure the unavailability of the declarant as a witness in a criminal or civil proceeding." 725 ILCS 5/115-10.6.
Subpoena for medical recordsJanuary 2009Illinois Law Update, Page 16On October 31, 2008, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of Logan County denying the state's request for a subpoena duces tecum, seeking release of a defendant's medical records for the day the defendant was charged with driving under the influence (DUI).
Polygraph Exams in Sex-Offense CasesBy Kerry J. BrysonOctober 2008Article, Page 528Despite doubts about their reliability, polygraph exams are required in sex-offense cases. This article discusses the law.
No discovery deps allowedBy Helen W. GunnarssonAugust 2008LawPulse, Page 384A recent case underscores the importance of taking a party's evidence - not discovery - deposition if he or she may die before trial.
A Quick Guide to the Illinois Dead Man’s ActBy William T. GibbsJuly 2008Article, Page 352According to the hornbooks, the Act bars testimony by someone with an interest in litigation about a conversation with or event occurring in the presence of a decedent. But what does that mean?
No error in allowing evidence of past convictionsJune 2008Illinois Law Update, Page 284On April 3, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the circuit court allowing the prosecution to present evidence of the defendant's prior convictions for aggravated battery and aggravated assault.
How to Admit or Exclude PBT ResultsBy Eric R. WaltmireFebruary 2008Article, Page 92Police sometimes administer preliminary breath tests to drivers stopped on suspicion of DUI. When and how are the results admissible in a hearing? Here's a look at the cases.
State must establish foundation for admittance of electronic conversation transcriptDecember 2007Illinois Law Update, Page 632On September 28, 2007, the Illinois Appellate Court, First District, reversed and remanded for new trial the judgment of the Circuit Court of Cook County convicting the defendant of indecent solicitation of a child because the State did “nothing to establish a foundation for the admissibility of the transcripts as evidence.”