Browse articles by year: 2015 (19)
Newsletter articles from 2011
Bullish for Bullcoming
Bullcoming v. New Mexico is a notable, if cautious, extension of the Confrontation Clause cases of Crawford and Melendez-Diaz.
New summary suspension law hits Illinois
Beginning July 1, a person suspected of DUI in a fatal or injurious auto accident who refuses or fails to complete chemical testing can have his or her driving privileges revoked under statute 625 ILCS 5/1-197.6).
People v. Bruni, 2010 Ill. App. LEXIS 1274 (2nd Dist. 2010)
The Appellate Court concluded that defendant’s admission that he had consumed a beer, together with the officer’s testimony “was sufficient to justify the relatively minor intrusion of requesting that a properly stopped motorist step out of a vehicle to perform field sobriety tests."
People v. Geier
Initial probable cause did not dissipate merely because Arresting Officer continued to follow motorist for two to four miles, after observing traffic violation, before stopping motorist.
So your client has given you physical evidence of a crime…
On the one hand, the delivery to the attorney is a communication which the attorney is required to protect. (Rule 1.6) However, an attorney is not to unlawfully obstruct another party’s access to evidence. (Rule 3.4) How is this conflict resolved? The courts of Illinois do not appear to have directly addressed this.
Summary suspension after a motor vehicle accident
A discussion of the recent appellate case of Odom v. White, in which the injuries suffered in two motor vehicle accidents met the statutory definition of a type A injury, which confers implied consent for a blood-alcohol test.