Illinois Bar Journal

Articles on Criminal Law

The Illinois Supreme Court’s About Face in In re N.G.

By Benjamin Lawson
December
2019
Article
Page 38
In 2016, the Illinois Supreme Court held that unconstitutionally obtained gun convictions could be used for charging and enhancement purposes unless the defendant vacated the conviction. Two years later, the court admitted it got it wrong.

Proximate cause required for showing commencement or continuance prong of malicious prosecution

April
2019
Illinois Law Update
Page 14
In 2008, the Illinois Supreme Court reversed the conviction of the plaintiff, Alan Beaman, of the murder of his ex-girlfriend because the state violated his constitutional right to due process under Brady v. Maryland when it failed to disclose material and exculpatory information about a viable alternative suspect.

Section 112-6 of the Criminal Code and Protective Orders trigger FOIA exemptions

April
2019
Illinois Law Update
Page 14
On April 24, 2004, Richard Vanecko struck David Koschman in the face, causing him to fall backwards and hit his head on the sidewalk.

Introduction of other-crimes evidence from prior conviction involving a different drug

March
2019
Illinois Law Update
Page 20
On Dec. 14, 2018, after a jury trial, the defendant was convicted for the unlawful possession of a controlled substance with intent to deliver. It was also alleged that the defendant was within 1,000 feet of a school at the time of the offense.

No substantial basis for probable cause makes search warrant invalid

March
2019
Illinois Law Update
Page 20
On Dec. 28, 2018, after a jury trial, the defendant was convicted for the unlawful possession of a weapon by a felon. In addition, the defendant was acquitted of unlawful possession of a controlled substance with intent to deliver.

Punitive fees assessed to recover expenses incurred by state in prosecution

March
2019
Illinois Law Update
Page 20
On Dec. 28, 2018, after a jury trial, the defendant was convicted for a Class 2 felony for delivery of a controlled substance and ordered to pay $1,549 in fines, fees, and costs.

Code of Criminal Procedure amended to allow informant testimony with less than 30-day notice

February
2019
Illinois Law Update
Page 14
The Code of Criminal Procedure of 1963 is amended by changing section 115-21 ("Informant Testimony") as follows. Courts may permit the prosecution to disclose its intent to introduce the testimony of an informant with less notice than the 30-day notice required under subsections (c) and (d) of this section, if the court finds that the informant was not known prior to the 30-day notice period.

Judge must find a history of delinquency or criminality before a defendant may waive a presentence investigation report

February
2019
Illinois Law Update
Page 14
Courts must determine the appropriateness of an agreed-upon sentence in a negotiated plea deal before accepting its terms.

New postplea proceedings required after failing to comply with Rule 604(d) certification requirements

February
2019
Illinois Law Update
Page 14
The defendant pled guilty to aggravated unlawful possession of a stolen motor vehicle, unlawful possession of a stolen motor vehicle, and four counts of unlawful use of a credit card. The defendant's postplea proceedings in circuit court were completed more than a year before Rule 604(d) was amended. Thus, amended Rule 604(d) did not apply then to the defendant's case.

Private viewing of video in chambers not a due process violation

February
2019
Illinois Law Update
Page 14
Following a bench trial, the defendant was convicted of battery and other offenses related to a DUI stop. A squad-car video was presented as evidence, but the judge had to view it in chambers because the court did not have video capabilities in the courtroom.

Sentence appeal filed one day late dismissed as untimely

February
2019
Illinois Law Update
Page 14
The defendant's appeal was rejected by the second district because appellate courts lack jurisdiction when a notice of appeal is untimely.

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