Publications

Articles on Constitutional Law

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.

Section 11-20.1(f) of Illinois child pornography statute, including virtual children within the definition of “child,” unconstitutionally overbroad; sexually explicit computer depictions of actual children still validly prohibited under statute

August
2003
Illinois Law Update
Page 384
On May 22, 2003, the Illinois Supreme Court held that section 11-20.1(f) of the Illinois child pornography statute, 720 ILCS 5/11.20.1(f) (2001).

Does People v Morgan Invite Wrongful Convictions?

By Larry R. Wells
June
2003
Article
Page 307
The author argues that the Morgan one-good-count rule turns any general guilty verdict into a potential due-process violation.

Minor’s constitutional rights not violated by section 5-125 of Juvenile Court Act, exempting ordinance-violation prosecutions from detention procedures set forth in Act

May
2003
Illinois Law Update
Page 226
On February 7, 2003, the Appellate Court of Illinois, Fourth District, affirmed the order of the Circuit Court of Champaign County finding the defendant guilty of violating the conditions of his supervision and sentencing him to detention and conditional discharge.

Double jeopardy does not bar second county from prosecuting defendant for different offense relating to same conduct underlying prior conviction

April
2003
Illinois Law Update
Page 168
On January 15, 2003, the Appellate Court of Illinois, Fourth District, affirmed the order of the circuit court of Champaign County denying the defendant's motion to dismiss four of five counts of an indictment on grounds of double jeopardy.

The Illinois Supreme Court’s 2002 Civil Cases: A New Court Settles In

By Nancy J. Arnold, Tim Eaton, and Michael T. Reagan
April
2003
Article
Page 172
Our annual review of the leading cases.

Section 9-3(b) of Criminal Code of 1961 is unconstitutional because it creates mandatory presumption of recklessness

April
2003
Illinois Law Update
Page 168
On January 24, 2003, the Illinois Supreme Court affirmed the appellate court, and held that section 9-3(b) of the Criminal Code of 1961, 720 ILCS 5/9-3(b).

Constitutional Challenges to Municipal Administrative Adjudicatory Systems

By Angela R. Hall
March
2003
Article
Page 139
Do they succeed? It's possible but not likely, this author writes.

Fine schedule under village ordinance for parking and vehicle regulations, assessing late fees prior to hearing on merits of violation, a violation of due process

March
2003
Illinois Law Update
Page 116
On December 13, 2002, the Appellate Court of Illinois, First District, reversed the order of the Circuit Court of Cook County and held that a village of Midlothian ordinance violated the due process clauses of the United States and Illinois Constitutions.

Section 6-16(c) of Illinois Liquor Control Act of 1934, which subjects individual to criminal liability for allowing persons under 21 to leave his or her residence after consuming alcohol, is unconstitutionally vague on its face

March
2003
Illinois Law Update
Page 116
On December 5, 2002, the Illinois Supreme Court affirmed the circuit court and held that section 6-16(c) of the Liquor Control Act of 1934, 235 ILCS 5/6-16(c), was unconstitutionally vague on its face.

The case of the inflexible filing deadline

By Helen W. Gunnarsson
February
2003
LawPulse
Page 58
The supreme court agrees to hear an administrative-law case which raises the question whether the strict, "jurisdictional" interpretation of a filing deadline is a denial of due process.

Miranda, Fifth Amendment don’t apply in summary-suspension hearings

By Helen W. Gunnarsson
February
2003
LawPulse
Page 58
Three Illinois Appellate Court districts have ruled that summary-suspension hearings are civil proceedings to which Miranda and the privilege against self-incrimination do not apply.

Multiple-murder sentencing statute violates proportionate penalties clause of Illinois Constitution when juvenile defendant convicted of two counts of first-degree murder based on accountability

February
2003
Illinois Law Update
Page 62
On November 21, 2002, the Illinois Supreme Court affirmed the trial court and concluded that, as applied to this juvenile defendant, the multiple-murder sentencing statute violated the proportionate penalties clause in article I, §11 of the Illinois Constitution.

Code of Criminal Procedure Section 110-4(b) unconstitutional under article I, section 9 of Illinois Constitution

January
2003
Illinois Law Update
Page 14
On October 3, 2002, the Illinois Supreme Court held section 110-4(b) of the Code of Criminal Procedure, 725 ILCS 5/110-4(b), unconstitutional because it violated the guarantee of due process in article I, section 9 of the Illinois Constitution.

Conviction of defendant for DUI after stop at roadblock set up to gather information about hit and run accident reversed because police did not have individualized suspicion to stop defendant

January
2003
Illinois Law Update
Page 14
On October 18, 2002, the Illinois Supreme Court held that the defendant's Fourth Amendment rights were violated when the police stopped him at a roadblock created to gather information about a hit and run accident .

Joint hearings on special use permits are quasi-judicial proceedings and interested parties have due process rights to cross-examine adverse witnesses

January
2003
Illinois Law Update
Page 14
On October 18, 2002, the Illinois Supreme Court held that interested parties had the due process right to cross-examine adverse witnesses at a joint hearing involving a special use permit.

Individual taxpayers do not have standing when state is real party in interest and section 20-104(b) of Illinois Code of Civil Procedure is unconstitutional to extent that it gives taxpayers that right

December
2002
Illinois Law Update
Page 634
On September 19, 2002, the Illinois Supreme Court held that the plaintiffs, a private citizen and a watchdog group, did not have standing to recover funds for Illinois taxpayers that were illegally received by employees of the Secretary of State's Office.

Section 2-28(3) of Illinois Juvenile Court Act, which gives parties immediate right to appeal permanency orders, violates separation of powers clause of Illinois Constitution

December
2002
Illinois Law Update
Page 634
On September 19, 2002, the Illinois Supreme Court held that the provisions of section 2-28(3) of the Juvenile Court Act, which gives parties an immediate right to appeal permanency orders.

Circuit court cannot summarily dismiss a defendant’s post-conviction petition as untimely during first stage of post-conviction proceedings

November
2002
Illinois Law Update
Page 584
On August 29, 2002, the Illinois Supreme Court addressed whether a circuit court could summarily dismiss as untimely a defendant's post-conviction petition at the first stage of post-conviction proceedings.

Defendant cannot be tried for reckless homicide after pleading guilty to reckless driving because of double jeopardy issues

August
2002
Illinois Law Update
Page 402
On June 6, 2002, the Appellate Court of Illinois, Second District, reversed the decision of the Circuit Court of Lake County and concluded that the prosecution violated double jeopardy when it charged the defendant with reckless homicide after he previously pled guilty to reckless driving.

Defendant’s statements during a routine traffic stop were properly suppressed when police officer did not have independent reasonable suspicion to ask about the items in the car

August
2002
Illinois Law Update
Page 402
On May 24, 2002, the Appellate Court of Illinois, Second District, affirmed the decision of the Circuit Court of DuPage County and held that certain statements the defendant made as to ownership of items in his vehicle were properly suppressed by the trial court.

Gravel walkway near home is not within curtilage of home and hence defendant has no expectation of privacy in property visible from the walkway

August
2002
Illinois Law Update
Page 402
On May 28, 2002, the United States Court of Appeals for the Seventh Circuit affirmed the holding of the United States District Court for the Central District of Illinois and the defendant's conviction.

When police observe a possible drug transaction, stop the defendant and receive garbled answers to questions, police have probable cause to order defendant to remove items from his mouth

July
2002
Illinois Law Update
Page 344
On April 18, 2002, the Supreme Court of Illinois reversed the decision of the appellate court and reinstated the defendant's drug conviction.

Indigent mother has a constitutional right to court-appointed counsel to appeal ruling that she is an unfit parent, even if county is required to pay counsel’s fees

April
2002
Illinois Law Update
Page 176
On January 25, 2002, the Illinois Supreme Court affirmed the appellate court and held that the separation of powers doctrine is not violated when, in a case concerning the fitness of a parent, the county is required to pay for an indigent mother's appellate counsel fees.

Illinois Constitution does not provide a witness with a privilege against self-incrimination where there is a potential criminal prosecution against him by a foreign sovereign

March
2002
Illinois Law Update
Page 120
On November 21, 2001, the Illinois Supreme Court reversed the appellate court's decision to grant a defendant's interlocutory appeal, holding that the Illinois Constitution does not provide a witness with a privilege against self-incrimination because of a potential criminal prosecution against him by a foreign sovereign.

Privacy Versus Cyber-Age Police Investigation; The Fourth Amendment in Flux

By Michele M. Jochner
February
2002
Article
Page 70
In last term's Kyllo decision, the Supreme Court restricted police power to use sense-enhancing technology. Here's an analysis of the decision and its implications.

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