Publications

Illinois Bar Journal

 

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Articles on Constitutional Law

DNA sampling does not violate the Constitution June 2006 Illinois Law Update, Page 284 On March 23, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, Second District, holding that evidence admitted against the defendant at trial was properly admitted and that section 5-4-3 of the Unified Code of Corrections, which requires convicted felons to submit DNA samples to the police, does not violate the United States Constitution. 
Section of the Illinois Election Code is unconstitutional May 2006 Illinois Law Update, Page 230 On March 6, 2006, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, First District, and affirmed the decision of the Circuit Court of Cook County, holding unconstitutional section 7A-1 of the Illinois Election Code (10 ILCS 5/7A-1).
Adding conditions to plea agreement after it is negotiated may violate defendant’s due process rights March 2006 Illinois Law Update, Page 118 On December 20, 2005, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, First District, and vacated the sentence imposed by the Circuit Court of Cook County on the defendant.
Section of the Adoption Act violates Equal Protection October 2005 Illinois Law Update, Page 506 On August 1, 2005, the Illinois Appellate Court, First District, reversed the decision of the Circuit Court of Cook County, terminating the parental rights of the defendant. 
Is the Illinois Mechanics Lien Act Unconstitutional? By Roger L. Price June 2005 Article, Page 298 The author reviews recent decisions on the constitutional validity of the Act and recommends legislative action.
Section 1(D)(q) of the Adoption Act violates equal protection June 2005 Illinois Law Update, Page 280 On March 24, 2005, the Illinois Supreme Court held that section 1(D)(q) of the Adoption Act, 750 ILCS 50/1(D)(q), is unconstitutional because it violates equal protection.
Child’s Representative Statute Held Unconstitutional By H. Joseph Gitlin April 2005 Column, Page 212 The implications of In re Marriage of Bates.
You take the sofa, I’ll take the Fifth… By Helen W. Gunnarsson April 2005 LawPulse, Page 162 Forget about dirty laundry; what if your divorcing client did – or might have done – something criminal? Here's advice about advising clients how and when to take the Fifth.
All constitutional requirements must be met in order for property to qualify for a charitable-use property tax exemption March 2005 Illinois Law Update, Page 116 On December 2, 2004, the Illinois Supreme Court reversed the orders of the appellate and circuit courts, which reversed the Illinois Department of Revenue's (Department) holding that the property in question was not tax exempt. 
Correspondence from Our Readers March 2005 Column, Page 106 Search and Seizure and the Illinois Constitution 
Amended insanity defense does not violate the equal protection clause of the Illinois Constitution February 2005 Illinois Law Update, Page 68 On November 19, 2004, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of Du Page County, denying the defendant's motion for a new trial and sentencing him to jail for 45 years.
Recent Miranda Rulings Complicate an Already Complex Standard By Kerry J. Bryson February 2005 Article, Page 76 Last year, the US. and Illinois Supreme Courts issued Miranda opinions – and the issue remains as confusing as ever.
Denial of “fitness to stand trial” hearing in a parental rights proceeding did not violate father’s due process rights November 2004 Illinois Law Update, Page 568 On August 20, 2004, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's decision finding the respondent father unfit to parent a child and terminating his parental rights.
Breach of fiduciary duty is an equitable action for which no constitutional right to a jury trial exists October 2004 Illinois Law Update, Page 514 On July 8, 2004, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of DuPage County to strike a defendant-beneficiary's demand for a jury trial.
Illinois’ “zero tolerance law” does not deny equal protection or due process July 2004 Illinois Law Update, Page 340 On April 15, 2004, the Illinois Supreme Court upheld the constitutionality of the "zero tolerance law," finding that it does not deny equal protection or due process. 
A reasonable contract provision that acts as a restraint on trade will not be held void as against public policy May 2004 Illinois Law Update, Page 242 On February 20, 2004, the Illinois Supreme Court affirmed the trial and appellate courts' holding that a restriction in a contract between a company in the business of leasing truck drivers and its customer was not invalid as against public policy.
Supreme court upholds constitutionality of unsafe-building demolition law By Helen W. Gunnarsson May 2004 LawPulse, Page 236 The supreme court held recently that municipalities can tear down unsafe buildings as soon as the circuit court enters a demolition order.
Due Process in Zoning Hearings: Guidelines for Complying with the Supreme Court’s Mandate By Ronald S. Cope February 2004 Article, Page 88 The supreme court recently required broader due-process rights for objectors to zoning decisions. Here's how municipalities can comply.
Consumer Fraud Act protections for car dealers deemed “special legislation” By Helen W. Gunnarsson December 2003 LawPulse, Page 594 A recent Illinois Supreme Court case hands car buyers a victory.
Offense elements must be identical for a proportionate penalties clause challenge to succeed December 2003 Illinois Law Update, Page 600 On September 18, 2003, the Illinois Supreme Court reversed the portion of the appellate court's decision that vacated the defendant's extended-term sentence. 
The periodic presence of a probationer does not constitute grounds for indiscriminate searches December 2003 Illinois Law Update, Page 600 On September 18, 2003, the Illinois Supreme Court affirmed the circuit and appellate courts' judgments to suppress evidence found during a search of the defendant's motel room in which a probationer subject to a search condition was staying.
“Stop and Frisk” in Illinois: Recent Supreme Court Terry-Doctrine Decisions By Michelle M. Jochner December 2003 Article, Page 616 A look at recent decisions that define when warantless stops are permissible under the Fourth Amendment.
Counseling gay couples By Helen W. Gunnarsson November 2003 LawPulse, Page 544 While the issues that arise in gay relationships are familiar, the legal framework is different. It's a difference that family practitioners and estate planners should learn to navigate.
Involuntary Administration of Psychotropic Drugs: Balancing Safety and Civil Liberties By Anthony E. Rothert October 2003 Article, Page 496 A look at recent cases and trends in this dynamic area of law.
The State may not discriminately select when to grant use immunity when doing so would prevent the defendant from fully and meaningfully presenting his defense October 2003 Illinois Law Update, Page 492 On July 11, 2003, the Appellate Court of Illinois, Third District, vacated the order of the Circuit Court of LaSalle County denying the defendant's motion to suppress evidence.
Trial court’s denial of wife’s request for a child’s representative to testify does not violate procedural due process. October 2003 Illinois Law Update, Page 492 On July 9, 2003, the Appellate Court of Illinois, Second District, affirmed the order of the Circuit Court of Du Page County granting the former husband's request for a change of custody and denying his request for termination of unallocated support.
Evidence obtained in traffic stop that was based upon an anonymous tipper who overheard cellular phone conversation on police scanner not obtained illegally and should not have been suppressed September 2003 Illinois Law Update, Page 436 On June 19, 2003, the Illinois Supreme Court held that the evidence obtained in a traffic stop that was based upon an anonymous tipper who overheard a cellular phone conversation on a police scanner was not obtained in violation of the Illinois eavesdropping statute, federal wiretapping statutes, or constitutional protections against unreasonable searches and seizures.
Provisions under P. A. 91-0404, imposing mandatory 15- and 20-year sentence enhancements for possession or personal discharge of a firearm in the commission of certain offenses, held unconstitutional September 2003 Illinois Law Update, Page 436 On June 19, 2003, the Illinois Supreme Court held that the provisions under P. A. 91-0404, §5, effective January 1, 2000.
When conducting a routine traffic stop, a police officer’s questioning may not change the fundamental nature of the stop without any reasonable, articulable suspicion that the individual had committed a crime September 2003 Illinois Law Update, Page 436 On June 26, 2003, the Appellate Court of Illinois, Fifth District, reversed both the order of the Circuit Court of Richland County denying the defendant's motion to suppress evidence and the defendant's conviction of unlawful possession of a firearm by a felon.