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.”
Using Videos at Trial: The Big PictureBy Hon. James P. Flannery, Jr.December 2007Article, Page 642What foundation is needed to introduce a video at trial in Illinois? Are videos subject to discovery? The author explores that and more.
Burdens of ProofBy Hon. Ron SpearsNovember 2007Column, Page 604Defining burdens of proof can be hard. But they're easier to understand than to define.