Subject Index Constitutional Law

The Illinois Constitution: A Primer

By James W. Hilliard
October
2008
Column
, Page 494
Background on the Illinois Constitution and the Con-Con.

Search of probationer’s computer deemed permissible

October
2008
Illinois Law Update
, Page 504
On August 12, 2008, the Illinois Appellate Court, Second District, affirmed in part, reversed in part, and remanded for further proceedings the judgment of the Circuit Court of Kane County granting the defendant's motion to quash arrest and suppress evidence found pursuant to a search of the defendant's home by probation officers.

Vote “No” on Con-Con

By Jack C. Carey
October
2008
Column
, Page 492
Voters should reject the call for a constitutional convention.

Traffic stop impermissibly prolonged

September
2008
Illinois Law Update
, Page 444
On June 26, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of Henry County denying Bernstein's motion to suppress and sentencing him to 48 months probation for unlawful possession of marijuana with intent to deliver.

District of Columbia v Heller: The Death Knell For Illinois Handgun Bans?

By Christopher Keleher
August
2008
Article
, Page 402
The U.S. Supreme Court's robust reading of the right to keep and bear arms places handgun-banning ordinances in peril.

Correspondence from Our Readers

July
2008
Column
, Page 330
Sharia law? Voluntary dismissal; confrontation clause; HUD-1 form.st.

Traffic stop and subsequent Terry search valid when based on non-anonymous tip

July
2008
Illinois Law Update
, Page 340
On April 15, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of McDonough County granting the defendants' motions to suppress two bags containing approximately 28 or 29 boxes of pseudoephedrine collected during a search of the defendant's motor vehicle after a traffic stop for improper lane usage.

Residents Suing Nonresidents for Harm in Illinois

By Professor Jeffrey A. Parness
June
2008
Column
, Page 318
Two recent appellate cases limit the power to sue nonresidents.

When Hearsay Testimony Is a Nonevent Under the Confrontation Clause

By Robert J. Steigmann
June
2008
Article
, Page 304
An Illinois Appellate Court justice says that a witness who disavows his or her own hearsay statements is not "unavailable" as to those statements.

College Campus Press act passed. PA 095-0580

May
2008
Illinois Law Update
, Page 236
The College Campus Press Act has been enacted. 

Admission of detective’s testimony did not violate the Confrontation Clause

February
2008
Illinois Law Update
, Page 72
On November 30, 2007, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County sentencing the defendant to 85 years for first degree murder and home invasion.

Court upholds $1 million penalty arising out of $12,000 support debt

By Helen W. Gunnarsson
January
2008
LawPulse
, Page 10
The supreme court ruled that a $1 million-plus penalty for an employer’s failure to timely pay a $12,000-plus child support obligation was not unconstitutional on the facts.

Police Interrogation of Motorists at Traffic Stops

By Bruce L. Carmen
January
2008
Article
, Page 44
The Fourth Amendment prohibits police from turning routine traffic stops into investigations of other criminal activity.

Correspondence from Our Readers

November
2007
Column
, Page 566
 Anti-SLAPP law gives "unwarranted protection".

Race-Based School Assignments After Parents Involved in Community Schools

By Mark E. Wojcik
October
2007
Article
, Page 526
The Supreme Court struck down a pair of race-based plans for assigning students to public schools. So what kinds of plans do pass constitutional muster?

The Naked Truth: Fourth Amendment Lessons from the Supreme Court

By Kerry J. Bryson
July
2007
Article
, Page 360
A review of recent home-search cases from the U.S. Supreme Court, including the Rettele "naked search" case from May.

Basic “right to privacy” inherently includes interests of secrecy and seclusion

February
2007
Illinois Law Update
, Page 72
On November 30, 2006, the Illinois Supreme Court affirmed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of McHenry County, granting summary judgment to the insured, Swiderski Electronics, Inc (Swiderski), and holding that the insurer, Valley Forge Insurance Company (Valley Forge), had a duty to defend a breach of privacy action brought against the insured. 

Challenging the Constitutionality of the Illinois Consecutive Sentencing Statute

By Patrick Gallagher
February
2007
Article
, Page 96
The author argues that the Illinois consecutive sentencing statute violates the Sixth Amendment by allowing judges rather than jurors to make findings of fact that increase a defendant's punishment.

Income Withholding for Support Act unconstitutional as applied to $1,172,100 penalty

February
2007
Illinois Law Update
, Page 72
The Illinois Appellate Court, First District, recently reversed the Circuit Court of Cook County's judgment against defendant H. E. Miller, Sr., ordering him to pay a $1,172,100 penalty for "knowingly failing to timely remit child support payments withheld from his employee's wages."

Criminal defendants must be informed of right to counsel, Campbell says

By Helen W. Gunnarsson
January
2007
LawPulse
, Page 8
A defendant's waiver of right to counsel was ineffective because the trial judge didn't inform him of the nature of the charges, the range of penalties, or his right to a lawyer.

Ban on secret compartments in vehicles unconstitutional

December
2006
Illinois Law Update
, Page 650
On September 26, 2006, the Illinois Appellate Court, First District, reversed the appellant's conviction in the Circuit Court of Cook County for violating section 12-612 of the Illinois Vehicle Code. 625 ILCS 5/12-612. 

Court authorizes cities to ban alcohol sales in strip clubs

By Helen W. Gunnarsson
November
2006
LawPulse
, Page 578
The Illinois Supreme Court upholds a Chicago ordinance banning the sale of alcoholic beverages at "gentleman's clubs."

New rule requires reasons, not conclusions, from judges who declare statutes unconstitutional

By Helen W. Gunnarsson
November
2006
LawPulse
, Page 578
Under a new Illinois Supreme Court Rule, it's not enough for a circuit court to merely say that a statute is unconstitutional. It has to say why as well.

Eavesdropping statute applies only where all parties intend private communication

September
2006
Illinois Law Update
, Page 464
On June 23, 2006, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, holding transcriptions of instant message communications were not obtained in violation of Illinois' eavesdropping statute.

Municipal Sign Ordinances: Three Common Constitutional Flaws and Their Solutions

By Kara N. Lundy
September
2006
Article
, Page 490
Here's how counsel for municipalities can cure three common sign-ordinance infirmities.

The limited lockstep doctrine

By Helen W. Gunnarsson
July
2006
LawPulse
, Page 338
In a dog-sniff case, the Illinois Supreme Court wrote that it will interpret state constitutional provisions more expansively than their federal counterparts only under limited circumstances. 

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. 

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