Publications

Section Newsletter Articles on Criminal Law

“Cross-Section of Immigration and Criminal Law: Immigration Consequences of Criminal Offenses:” Upcoming CLE sponsored by the International and Immigration Law Council and co-sponsored by the Criminal Justice Council By Anne M. Skallerup International and Immigration Law, April 2009 The International and Immigration Law Council and the Criminal Justice Council have organized a Continuing Legal Education class intended to educate criminal defense and immigration attorneys who represent noncitizens of the impact that criminal offenses have on the immigration status of their clients.
Truth-In-Sentencing Guide By Steve Baker Criminal Justice, April 2009 730 ILCS 5/3-6-3(a)(2)
Case summaries By Hon. Richard D. Russo, Hon. Daniel B. Shanes, Steve Baker, and Richard S. Gutoff Criminal Justice, January 2009 Recent cases of interest to criminal law attorneys.
Legislation—Passed Bills, Part II By Steve Baker Criminal Justice, January 2009 Recent legislation of interest to criminal law attorneys.
What you need to know about consular notification for the defense—What difference can consular notification make? By Scott D. Pollock International and Immigration Law, January 2009 Foreign nationals in the U.S. find themselves in a difficult situation when they are in criminal or immigration proceedings.
Case summaries Criminal Justice, December 2008 In People v. Exson, 2008 Ill. App. LEXIS 947, 2008 WL 442681 (1st Dist. September 29, 2008) the Illinois Appellate Court held the trial court abused its discretion by granting the State’s 30 day continuance motion on the 119th day of the 120-day period under the Speedy Trial Act.
Legislation—Passed Bills, Part I By Steve Baker Criminal Justice, December 2008 Includes legislation from 2007 with a 6-1-08 effective date.
SOL vs. Nolle? What is the difference? The Ferguson Formula By Sean D. Brady Traffic Laws and Courts, December 2008 What is the difference between a criminal case that is stricken with leave to reinstate (SOL’d) and a criminal case that is nolle prosequied?
Case summaries Criminal Justice, November 2008 In People v. Rodriguez, 229 Ill. 2d 285; 891 N.E.2d 854; 2008 Ill. LEXIS 375; 322 Ill. Dec. 563, the Illinois Supreme Court was faced with the applicability of the 15 year enhancement provision when a person is convicted of First Degree Murder under a theory of accountability.
Recent developments, trends, and milestones in the Antitrust Division’s Criminal Enforcement Program By Scott D. Hammond Antitrust and Unfair Competition Law, September 2008 The detection, prosecution, and deterrence of cartel offenses remain the highest priority of the Antitrust Division.
Case summaries Criminal Justice, June 2008 Johnnie Wilson was in his apartment on February 3, 2003 when his parole officer and two Chicago police officers entered.
Legislation-Passed bills By Steve Baker Criminal Justice, June 2008 The following are summaries of new legislation in Illinois affecting the practice of criminal law. As these are summaries only, the Public Act should be reviewed before reliance.
Pre-conviction DNA gathering By Thomas A. Bruno Bench and Bar, June 2008 The FBI has proposed taking tissue samples of all persons arrested by the FBI for submission to the FBI’s DNA database. Privacy rights advocates will surely test the validity of this policy in court.
Case summaries By David B. Franks and Hon. John A. Wasilewski Criminal Justice, May 2008 In 2000 the victim hired defendant and another individual to perform electrical work in her apartment. The project lasted several months.
Legislation-Passed bills Part 1: By Attorney Steve Baker Criminal Justice, May 2008 The following are summaries of new legislation in Illinois affecting the practice of criminal law.  
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.
Case summaries Criminal Justice, January 2008 In the Circuit Court of Peoria County, the defendant was convicted of the offense of Armed Robbery after a jury trial.
Criminal justice reform By Julie Hamos Human Rights, January 2008 Congratulations to you, Judge Eugene Pincham, for receiving the Elmer Gertz Lawyer award for your lifetime of public service fighting for the underserved and marginalized.
Case summaries Criminal Justice, November 2007 A probation officer lacks the authority to file a petition to revoke a defendant’s supervision and the trial court has no authority to consider the petition. People v. Kellems, 373 Ill.App.3d 1129 (2007).
Admonitions in the criminal trial court: Waiver of Counsel, Jury Demand, and Noncitizen Guilty Pleas By Patrick M. Kinnally General Practice, Solo, and Small Firm, July 2007 In January 2004 the Illinois General Assembly passed a law (725 ILCS 5/113-8) which says:
Case summaries Criminal Justice, March 2007 The Illinois Supreme Court held that the Juvenile Court Act terminates a court’s authority over a case when the juvenile attains the age of 21 except for purposes of collecting restitution or cases filed as extended jurisdiction juvenile prosecutions.
Practice Alert: When advising a client that a plea for supervision is not a conviction. . . Think again!!! By Thomas A. Bruno General Practice, Solo, and Small Firm, February 2007 When Lou Grant interviewed Mary Richards for a job at WJM-TV, he asked her about her religion.
Special needs of girls and women in prison: What can we do? By Sharon L. Eiseman Women and the Law, October 2006 During its 2005-06 term, the Women and the Law Committee welcomed special guest speaker Lori Levin, Executive Director of the Illinois Criminal Justice Information Authority, to one of our meetings.
Advising a client that a plea for supervision is not a conviction? Think again!!! By Thomas A. Bruno Human Rights, September 2006 When Lou Grant interviewed Mary Richards for a job at WJM-TV, he asked her about her religion. Said Mary: “You’re not allowed to ask that when someone’s applying for a job.
Closing a criminal hearing By Thomas A. Bruno Bench and Bar, December 2005 In People v. LaGrone, the Fourth District Appellate Court reviewed the trial’s court’s decision to close the hearings on motions in limine and to suppress evidence in a case wherein Amanda Hamm and her boyfriend, Maurice LaGrone are charged with the drowning murder of Amanda’s children.
Summer of 2004: Legislation of note By J.A. Sebastian Bench and Bar, October 2004 During the month of July 2004, while the Governor and legislators debated the state's budget, several legislative proposals became effective and their enactment into law may be of interest to members of the bench and bar. The
Whose dime is it, anyway? Or, who cares? By Matt Maloney Criminal Justice, October 2004 I was Bureau County Public Defender for almost 10 years.
Dementia patients and the criminal justice system By John W. Foltz Elder Law, March 2004 What happens when the police respond to a report of domestic battery in which the perpetrator may have dementia?
Cases of note By Richard Posner, Alfred M. Swanson, Jr., George S. Miller, Barbara Crowder, Michael Kiley, Philip Lading, and 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.
People v. Jackson By Kimberly L. Dahlen Criminal Justice, September 2003 In a case of first impression, the Illinois Supreme Court reversed the trial and appellate courts, holding that, in a criminal bench trial, the State may not introduce evidence relating to a witness' polygraph test "for a limited purpose" if that purpose had not been established prior to the admission of the evidence.