Section Newsletters

Articles From Michael Kiley

Case notes By Hon. Kimberly L. Dahlen, Debra A. Seaton, Hon. Michael Kiley, Ava George Stewart, & Randall Rosenbaum Criminal Justice, April 2011 Recent decisions affecting criminal law in Illinois.
Awarding attorneys fees to prevailing party By Hon. Michael Kiley Bench and Bar, October 2008 A plaintiff files suit against a defendant seeking damages, including reasonable attorney fees, pursuant to a contractual term that provides for an award of fees to the prevailing party.
Use of 735 ILCS 5/2-1401 in criminal cases By Hon. Michael Kiley Bench and Bar, May 2008 The first time I had an attorney present me with a 2-1401 petition in a criminal case, I was certain I was dealing with someone who was either inexperienced or desperate after missing a 30-day deadline for filing a post-judgment motion.
Chair’s Column By Hon. Michael Kiley Bench and Bar, December 2007 An introduction to the issue from Chair Michael Kiley.
Waiver of jury trial By Hon. Michael Kiley Bench and Bar, March 2005 Ernest Bracey was indicted on a charge of aggravated battery. On March 20, 2002, Bracey appeared in court and was fully admonished regarding his right to a jury trial.
People v. Lomas, 812 N.E.2d 39 (5th Dist. 2004) By Michael Kiley Bench and Bar, October 2004 In this case, the court found the defendant’s detention impermissibly exceeded the scope of the initial stop and was an illegal detention.
Cases of note By Richard Posner, Alfred M. Swanson, Jr., George S. Miller, Barbara Crowder, Michael Kiley, Philip Lading, & J.A. Sebastian Bench and Bar, January 2004 Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 01 C 6329-Joan Humphrey Lefkow, Judge.
Case summaries By Michael Kiley & Alfred M. Swanson, Jr. Bench and Bar, November 2003 Union Planters Bank, N.A. v. FT Mortgage Companies, et al., 341 Ill.App.3d 921794 N.E. 2d 360 (5th Dist. 2003):
Case summaries By Michael Kiley & Alfred M. Swanson, Jr. Bench and Bar, June 2003 The defendant appealed his conviction on two counts of aggravated criminal sexual assault.
Case summaries By Joan Smuda, Hon. Michael Kiley, & Alfred M. Swanson, Jr. Bench and Bar, May 2003 In December 1998, the State sought to terminate the parental rights of respondent parents to their two children.
Case summaries By Hon. Michael Kiley, Hon. Eddie Stevens, & Alfred M. Swanson, Jr. Bench and Bar, March 2003 The defendant was found guilty of driving under the influence of alcohol. On appeal, the defendant contended, inter alia, that it was error to allow the State to introduce evidence that the defendant refused to submit to breath alcohol testing by way of a portable breath test instrument (PBT).
Case summaries By Hon. Morton Denlow, Hon. Michael Kiley, Alfred M. Swanson, & Philip Lading Bench and Bar, November 2002 Cases of interest to Bench & Bar practitioners.
Case summaries By Hon. Michael Kiley & Alfred M. Swanson, Jr. Bench and Bar, May 2002 Plaintiff filed a three-count complaint for injunctive relief alleging that defendant was engaged in the unauthorized practice of law (count I), violated the Uniform Deceptive Trade Practices Act (count II), and violated the Consumer Fraud Act (count III).
Case summaries By Michael Kiley & Alfred M. Swanson, Jr. Bench and Bar, January 2002 Former Judge David Shields was convicted in March 1992 of a felony. Shields sought a refund of all of his contributions to the Judges' Retirement System ($113,222.04).

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