Publications

Section Newsletter Articles on Criminal Law

But I wasn’t even there! An overview of premises-based constructive possession By Aaron G. Brakke General Practice, Solo, and Small Firm, October 2014 An overview of the basics of constructive possession and the author's thoughts on combating a claim. 
Case notes By Paul J. Cain and Angela Rollins Criminal Justice, June 2014 Summaries of the recent cases of People v. Pikes and People v. Cleary.
The Fourth Amendment and warrantless searches of a shared dwelling By Rob Shumaker Criminal Justice, June 2014 A look at the case law involving the warrantless search of a shared dwelling and the various scenarios whereby a co-occupant’s consent can render a search of the premises reasonable under the Fourth Amendment.
Case notes By Rob Shumaker, Steve Baker, Kelly Doyle Coakley, Jameika Mangum, and Stephanie Radliff Criminal Justice, April 2014 Recent cases of interest to criminal law practitioners.
Your think your client is going to lie on the stand—The classic dilemma of a criminal defense lawyer By Juliet Boyd Traffic Laws and Courts, March 2014 What is a lawyer to do when her duty of confidentiality under R.P.C. 1.6 conflicts with her duty of candor towards a tribunal pursuant to R.P.C. 3.3?
Case notes By Kim D. Chanbonpin, Blair J. Pooler, Donald D. Bernardi, Mark Kevin Wykoff, Sr., and Diana Lenik Criminal Justice, February 2014 Recent cases of interest to criminal law practitioners.
Rapists’ rights in Illinois: The new law and what other states can learn from it By Randi Burggraff and Kerrianne Waters Women and the Law, December 2013 What are parental rights and why is it so alarming that in a majority of states' rapists retain these rights?
SENATE BILLS—Criminal, Traffic & Juvenile from the 98th General Assembly By Steve Baker Criminal Justice, December 2013 Recent legislation of interest to criminal law practitioners.
Admonitions in the criminal trial court: Waiver of Counsel, Jury Demand, and Non-citizen Guilty Pleas after Padilla v. Kentucky By Patrick M. Kinnally International and Immigration Law, November 2013 The issue of a trial court admonishing anyone of the potential immigration ramifications surrounding a guilty plea is substantial if the accused is a non-citizen.
HOUSE BILLS—Criminal, Traffic & Juvenile from the 98th General Assembly By Steve Baker Criminal Justice, November 2013 Recent legislation of interest to criminal law practitioners.
Case notes By Hon. John A. Wasilewski, Hon. Richard D. Russo, Jessica Koester, Hon. Thomas A. Else, Ava George Stewart, and Mark Kevin Wykoff Criminal Justice, June 2013 Recent cases of interest to criminal law practitioners.
Florida v. Harris & proof of the reliability of the drug-detection canine By Rob Shumaker Criminal Justice, April 2013 This article addresses case law on drug-detection dogs, the recent United States Supreme Court opinion, and offers insight on how prosecutors, defense counsel and trial judges should consider the issue of a dog’s reliability in detecting illegal narcotics.
Florida v. Harris & proof of the reliability of the drug-detection canine By Rob Shumaker Animal Law, April 2013 This article addresses case law on drug-detection dogs, the recent United States Supreme Court opinion, and offers insight on how prosecutors, defense counsel and trial judges should consider the issue of a dog’s reliability in detecting illegal narcotics.
Governmental involvement necessary for statement to be considered testimonial hearsay By Mark Kevin Wykoff, Sr. Criminal Justice, April 2013 The Illinois Appellate Court, in People v. Richter, held that governmental involvement is required for a statement to be considered testimonial hearsay. Given that defendant’s statements were not made to government officials, and that there was no governmental involvement in the creation of the statements, the statements did not constitute testimonial hearsay. Thus, the hearsay evidence was admissible at his trial.
Objects under the rearview mirror may be more of a material obstruction than they appear By Rob Shumaker Traffic Laws and Courts, March 2013 Objects dangling from the rearview mirror may justify a traffic stop but only if they constitute a material obstruction. The author addresses the case law on this issue and offers practice tips to determine whether an object materially obstructs a driver’s view of the road.
The constitutionality of criminalizing cyberbullying By Lauren Roadman Human Rights, January 2013 The growing problems of bullying and cyberbullying are forcing the government, as well as local communities, to look at ways to help solve these problems.
SENATE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, January 2013 Recent legislation of interest to criminal law practitioners.
Case note By Geraldine D’Souza Criminal Justice, December 2012 A summary of The People of the State of Illinois v. Terrell D. Geiger.
HOUSE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, December 2012 Recent legislation of interest to criminal law practitioners.
People v. Kladis and the Illinois Supreme Court’s treatment of evidence spoliation by law enforcement By Mark T. Vazquez Traffic Laws and Courts, December 2012 Evidence spoliation stands as a significant obstacle to the truth-seeking function of the courts. The Kladis opinion addressed these concerns and recognizes that trial judges should have significant freedom to impose sanctions to deter such spoliation when it occurs.
Case note By Mark Kevin Wykoff Criminal Justice, November 2012 In People v. McKinney, Defendant pled guilty to burglary based on the erroneous advice of counsel. The issue before the appellate court was whether Defendant was entitled to withdraw his plea and pursue his request for admission to the program.
The constitutionality of criminalizing cyberbullying By Lauren Roadman Alternative Dispute Resolution, November 2012 The growing problems of bullying and cyberbullying are forcing the government, as well as local communities, to look at ways to help solve these problems.
Objects under the rearview mirror may be more of a material obstruction than they appear By Rob Shumaker Criminal Justice, November 2012 Objects dangling from the rearview mirror may justify a traffic stop but only if they constitute a material obstruction. The author addresses the case law on this issue and offers practice tips to determine whether an object materially obstructs a driver’s view of the road.
Case note By Mark Kevin Wykoff, Sr. Criminal Justice, August 2012 A summary of The People ex rel. James W. Glasgow, Petitioner, v. Gerald R. Kinney, Judge, Respondent.
People v. Kladis and the Illinois Supreme Court’s treatment of evidence spoliation by law enforcement By Mark T. Vazquez Criminal Justice, August 2012 Evidence spoliation stands as a significant obstacle to the truth-seeking function of the courts. The Kladis opinion addressed these concerns and recognizes that trial judges should have significant freedom to impose sanctions to deter such spoliation when it occurs.
A quick guide to the DNA database law in Illinois and the 2012 updates By Paul R. Vella Government Lawyers, June 2012 Pursuant to 730 ILCS 5/5-4-3, a person convicted of, found guilty of, or who received a disposition of court supervision for, a qualifying offense or attempt of a qualifying offense shall be required to submit a specimen of blood, saliva, or tissue to the Illinois Department of State Police. 
Case notes By Andrea Mesko, Mark Kevin Wykoff, Sr., Jesus Ricardo Rivera, David B. Franks, and James Stern Criminal Justice, March 2012 Recent cases of interest to criminal law practitioners.
An interview with State Representative Robyn Gabel on House Bill 1958 and the shackling of pregnant prisoners By Mary F. Petruchius Women and the Law, March 2012 An interview with Robyn Gabel, who sponsored a bill in the Illinois House of Representatives aimed to improve conditions for pregnant prisoners.
HOUSE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, February 2012 Recent cases of interest to criminal law practitioners.
SENATE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, December 2011 Recent legislation of interest to criminal practitioners.