Supreme Court Quick Takes

The Illinois Supreme Court handed down four opinions on Friday, Jan. 19, including the highly-anticipated Bogenberger v. Pi Kappa Alpha Corp., in which the court considered who can be held liable for a fraternity pledge's alcohol-related death during an initiation ritual. The court also addressed the deadline to timely file a motion to quash service in a residential mortgage foreclosure action in Bank of New York Mellon v. Laskowski, reversed and remanded the appellate court's decision to overturn a defendant's first degree murder conviction in People v. Carey, and determined whether the one-act, one-crime rule prohibits multiple convictions arising out of the defendant's single act of gun possession in People v. Coats. Leading appellate attorneys review these cases below.

Bogenberger v. Pi Kappa Alpha Corporation, Inc.

By Karen Kies DeGrand, Donohue Brown Mathewson & Smyth LLC
 
Here the Illinois Supreme Court addressed the civil liability ramifications of excessive alcohol consumption at a fraternity pledging event. The court addressed whether the national organizations of a fraternity, a local chapter of the fraternity, its officers, pledge board members and active members, along with non-member sorority women, owed a legal duty to a prospective pledge who died from alcohol poisoning during a pledge event. The court ruled that all but the national entities owed a duty on the allegations of the complaint.  

Kerry Bryson of the Office of the State Appellate Defender reviews the Illinois Supreme Court ruling in the criminal case People v. Casas.

People v. Casas

In 1996, Fernando Casas, Jr., posted bond in a drug case and was released from custody. He regularly appeared at scheduled court dates until June 1998. His bond was forfeited and a bench warrant was issued.  Casas was ultimately tried in absentia and a 20-year prison sentence was imposed.

In April 2014, a traffic stop revealed Casas’s outstanding warrant. Casas was taken into custody and began serving the 20-year sentence.  Then, in December 2014, Casas was indicted for violating his bail bond. Casas moved to dismiss on the basis that the general three-year statute of limitations had expired in 2001 and the state had not alleged any facts to toll or extend the limitations period. The state then filed an amended information alleging that the bond violation was a continuing offense and the limitations period did not begin to run until Casas’s April 2014 arrest.

The circuit court dismissed, relying on People v. Grogan, 197 Ill. App. 3d 18 (1st Dist. 1990), which held that violation of bail bond is not a continuing offense. The state appealed, and the appellate court agreed with the state's assertion that Grogan was wrongly decided and concluded that it should no longer be followed.

Kerry Bryson of the Office of the State Appellate Defender reviews the Illinois Supreme Court ruling in the criminal case In re Jarquan B.

In re Jarquan B

In January 2015, the state filed a delinquency petition alleging that Jarquan B. committed the Class A misdemeanor offense of criminal trespass to a motor vehicle. The minor pled guilty and was sentenced to court supervision and a 30-day detention term that was stayed. Jarquan B. was advised that if he violated the terms of his supervision, he could be placed on probation or taking into custody on the stayed detention term. Due to subsequent violations, the minor was placed on electronic home monitoring and then ordered to serve time in juvenile detention.

In September 2015, the state filed a petition alleging Jarquan B. had again violated the terms of his supervision on multiple occasions after release from detention. The minor admitted the violations and was resentenced to six months of probation. He was admonished that if he violated probation, he could be sentenced to a term of detention. Almost immediately (i.e., on his way back to his residential placement facility), the minor fled from staff thereby violating his probation. Following his admission to the probation violation, the minor was resentenced to a term in the Department of Juvenile Justice (DJJ) in April 2016.

Kerry Bryson of the Office of the State Appellate Defender reviews the Illinois Supreme Court ruling in the criminal case People v. Bailey.

People v. Bailey

In 2005, Dennis Bailey was convicted of residential burglary and disarming a peace officer. Following an unsuccessful direct appeal and post-conviction petition, Bailey sought leave to file a successive post-conviction petition. The State filed a written objection, and Bailey field a written response.

The court held a hearing on the motion for leave to file; Bailey was not present and was not represented by counsel. At that hearing, the prosecutor argued that the pleadings did not satisfy the cause-and-prejudice test for filing a successive petition. The court acknowledged Bailey’s written response and denied leave to file.

Bailey challenged the State’s participation at the motion-for-leave-to-file stage of the proceedings, noting that the Post-Conviction Hearing Act does not expressly allow the State to file a responsive pleading or provide input on the court’s decision. The State argued that the Act is considered civil in nature, and parties are generally permitted to respond to motions for leave to file.