2023 Articles

2023 Spring Criminal Legislation By Julia Kaye Wykoff & Mark Kevin Wykoff, Sr. May 2023 Summaries of recent legislation of interest.

Automatic Substitution of Judge Wrongfully Denied By Donald J. Ramsell February 2023 In People v. Brusaw, the appellate court considered what happens when a defendant files a motion for substitution of judge and the motion is never acted upon.

Constructive Possession in People v. Teranza Jones By Kellyn Doyle Coakley October 2023 In People v. Teranza Jones, the Illinois Supreme Court considered constructive possession by affirming the lower appellate court’s decision.

Detention Hearings Under the Pretrial Fairness Act: A Short Guide to New Rules and Procedures By Darren O’Brien November 2023 An overview of the Pretrial Fairness Act, which recently went into effect.

Editors’ Column By Mark Kevin Wykoff, Sr. & Julia Kaye Wykoff November 2023 An introductory note from the co-editors.

Mens Rea Requirement Necessary for a Conviction on Possession of a Defaced Firearm By Jessica Koester October 2023 In People v. Ramirez, the Illinois Supreme Court held that the state must prove that a defendant knew that the serial number on the firearm had been altered or defaced in order to secure a conviction for possession of a defaced firearm.

Nunc Pro Tunc By Alan Downen October 2023 The recent appellate case of People v. Calvillo offers a primer as to when the nunc pro tunc doctrine applies and when it does not.

Pre-Trial Fairness Act: Elimination of Cash Bail Held in Abeyance By Julia Kaye Wykoff February 2023 The most controversial component of the Pretrial Fairness Act, eliminating cash bail, was scheduled to become effective on January 1, 2023—however, it was declared unconstitutional in the weeks leading up to the effective date.

Pretrial Fairness Act in Appellate Practice By Julia Kaye Wykoff August 2023 An overview of Pretrial Fairness Act appeals.

1 comment (Most recent August 15, 2023)

Probable Cause Following Legalization of Cannabis Revisited By Jessica Koester February 2023 The court recently considered whether the odor of cannabis is probable cause to search a vehicle in People v. Redmond.

Remembering Steve Baker (1952 – 2022) May 2023 A tribute to Stephen W. Baker, a former member of the Criminal Justice Section Council.

1 comment (Most recent May 22, 2023)

The Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act Passes Constitutional Muster By Mark Kevin Wykoff, Sr. August 2023 The Illinois Supreme Court recently considered the constitutionality of Public Acts 101-652 and 102-1104, which dramatically changed the statutory framework for pretrial release of criminal defendants in Illinois.

1 comment (Most recent August 15, 2023)

Update on the ISBA’s Diversity, Equity, Inclusion, and Accessibility Initiatives Regarding Disability and Disabled People By Patti Chang February 2023 Updates on the ISBA's diversity, equity, inclusion, and accessibility initiatives with respect to disability and disabled people.