Criminal Justice

The newsletter of the ISBA’s Section on Criminal Justice

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2022 Articles

Casenote: Evans v. Cook County State’s Attorney By Alan C. Downen April 2022 In Evans v. Cook County State’s Attorney, the Illinois Supreme Court considered whether Alfred Evans, Jr. should have been issued a Firearm Owner’s Identification card.
Casenote: People v. Johnson By Mark Kevin Wykoff & Julia Kaye Wykoff April 2022 In People v. Johnson, the Illinois Supreme Court considered whether defense counsel’s failure to seek the testing of a potentially exculpatory DNA sample constituted the ineffective assistance of counsel.
The Changing Landscape of Juvenile Offenders & Armed Habitual Criminal By Daniel L. Fultz & Julia Kaye Wykoff December 2022 Recently, the Illinois Supreme Court addressed whether a juvenile’s conviction constitutes a qualifying offense for purposes of Class X sentencing under section 5-4.5-95(b) of the Unified Code of Corrections.
Evaluating Structural Error following People v. Jackson, 2022 IL 127256 By Julia Kaye Wykoff November 2022 In People v. Jackson, the Illinois Supreme Court considered whether the trial court’s error in polling only 11 of 12 jurors constituted “structural error” for purposes of applying the second prong of Illinois’s plain error rule.
Illinois Supreme Court Implements New Rule Regarding Trial Exhibits By Hon. Geraldine D’Souza December 2022 The recently-approved Illinois Supreme Court Rule 455 takes effect on Jan. 1, 2023.
Inappropriate Comment in Rebuttal Closing Argument? By Hon. Randall B. Rosenbaum November 2022 In People v. Mudd, the Illinois Supreme Court considered whether the prosecutor made an inappropriate comment in rebuttal closing argument.
Motion to Resentence by the People: What It Is, the Impact, and How It Affects Criminal Sentences in Illinois By Brendan Bukalski April 2022 On Jan. 1, 2022, 725 ILCS 5/123, entitled "Motion to Resentence by the People," went into effect, vesting courts with the authority and state's attorneys with the ability to modify a sentence, regardless of when that sentence was imposed.
Practice Pointer: Is a Jury Trial Waiver Irrevocable in All Circumstances? Not Always. By Mark Kevin Wykoff, Julia Kaye Wykoff, & Daniel Fultz November 2022 In People v. Bracey, the defendant argued before the appellate court that his jury waiver, executed prior to his first trial, was not valid with respect to his second trial.
Probable Cause Following the Legalization of Cannabis By Mark Kevin Wykoff November 2022 In People v. Stribling, the appellate court considered whether, based on the recent legalization of the possession of cannabis, the odor of cannabis rises to the level of sufficient probable cause to search a vehicle.