Section Newsletter Articles on Criminal Law
People v. Henderson
, December 2002
As a matter of first impression in the State, the Third District Appellate Court ruled it is error for a trial judge to refuse to exercise discretion in determining whether a plea should be accepted or rejected on its merits simply because an arbitrary plea deadline has passed.
Six-person juries in criminal cases
, December 2002
The subject of six-person juries has recently come up in DuPage County. Several local private attorneys choose to utilize them.
Impact of plea of guilty on civil proceedings
, April 2001
A plea is an admission of a party opponent. It is not conclusive in the civil litigation, however it is like a person saying at the time of the collision; "I'm sorry, I ran the red light."
Passed bills*—91st General Assembly—2000
, June 2000
SB 730 Summary: Representation by counsel. In a juvenile proceeding, a minor who was under 13 years of age at the time of the commission of an act that if committed by an adult would be a violation of section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 must be represented by counsel during the entire custodial interrogation of the minor.
Single subject rule challenges
, April 2000
Bills, except bills for appropriations and for the codification, revision or rearrangement of laws, shall be confined to one subject. Ill. Const. 1970, Art. IV, sec. 8(d).
Criminal law practice tips
General Practice, Solo, and Small Firm
, October 1999
Lawyers, present company included, seem to forget ongoing admonitions from the Supreme Court when dealing with routine situations. While this may be a case of the "we always do things that way" attitude, the cost to the system continues to rise.
Passed bills - 91st General Assembly - 1999
, September 1999
1) HB 41 Summary: Adopts FRE 807 - residual hearsay rule - for deceased persons. Limited to statements under oath at a prior trial, hearing, or other proceeding [ex. grand jury]. Imm. eff. date.
Armed violence issues
, March 1999
The history of the armed violence statute is replete with constitutional challenges.
Recent appellate court cases
, January 1999
The Fourth District reversed the trial court's granting of the defendant's motion to suppress. The defendant was the backseat passenger in a vehicle which failed to completely stop at a stop sign.