Subject Index Criminal Law and Procedure

Murder sentence vacated on appeal in defense-of-dwelling case

August
2022
Illinois Law Update
, Page 16
On May 13, the Third District of the Illinois Appellate Court vacated the second-degree murder sentence of an individual who stabbed and killed a home intruder and held that the individual acted reasonably in defending his home.

Prosecutor’s comments about hearsay during closing argument not improper

August
2022
Illinois Law Update
, Page 16
On May 19, the Illinois Supreme Court held that a prosecutor’s comments about hearsay at closing argument were not improper.

Unregistered and unserialized firearms banned

August
2022
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Criminal Code of 2012. The amendment bans the sale, offer, or transfer of an unserialized, unfinished frame, receiver, or firearm unless the purchaser is a qualifying federal entity.

Trial courts required to hold evidentiary hearings upon referral from Illinois Torture Inquiry and Relief Commission

July
2022
Illinois Law Update
, Page 14
On April 25, 2022, the First District of the Illinois Appellate Court held that a trial court is required to have an evidentiary hearing upon referral from the Illinois Torture Inquiry and Relief Commission (TIRC) unless it is against the manifest weight of the evidence.

Illinois, Out on Bail

By Thomas A. Drysdale
June
2022
Article
, Page 34
Comparing the Illinois Pretrial Fairness Act, which eliminates the use of cash bail in Illinois, with the federal Bail Reform Act, which abolished cash bail in the federal criminal system in 1984.

Law enforcement records must exclude the child victim’s identity

June
2022
Illinois Law Update
, Page 16
The Privacy of Child Victims of Criminal Sexual Offenses Act is amended to exclude the identity of a child victim of a criminal sexual offense from law enforcement and circuit court records. A select few specific individuals may be exempt.

To Release or Not to Release

By Emily L. Fitch & Brenda M. (Duke) Mathis
June
2022
Article
, Page 38
An overview of the new Illinois criminal bail reform law that will take effect Jan. 1, 2023.

Charging information with variance in victim’s name may give rise to material ambiguity due to mistaken identity

May
2022
Illinois Law Update
, Page 14
On Feb. 24, 2022, the Third District of the Illinois Appellate Court held that a charging instrument failed to give sufficient notice for the preparation of a defense when the charging document failed to identify who the defendant allegedly contacted in violation of a no-contact order.

One-act, one-crime rule violated when only one firearm was involved in multiple firearm convictions

May
2022
Illinois Law Update
, Page 14
On Feb. 2, 2022, the First District of the Illinois Appellate Court reversed and remanded a trial court’s finding involving three separate convictions with instructions to merge the offenses after a one-act, one-crime rule violation.

Persons in police custody have the right to make three telephone calls no later than three hours after arrival at the place of detention

May
2022
Illinois Law Update
, Page 14
The Code of Criminal Procedure is amended to afford persons in police custody three telephone calls free of charge. No later than three hours after arriving at the first place of detention, the detainee must be given access to a telephone to make three phone calls.

Propensities, for Evidence and Violence

By Charles Golaszewski
May
2022
Article
, Page 30
Propensity evidence and opposing expungements in domestic violence situations.

Defense counsel must certify consulting with defendant about guilty plea to strictly comply with Rule 604(d)

April
2022
Illinois Law Update
, Page 14
On Jan. 21, 2022, the Illinois Supreme Court held that counsel must strictly comply with Rule 604(d) and overruled its 2019 decision in People v. Peltz.

Prosecutor did not impermissibly shift the burden of proof to defendant when prosecutor did not blame defendant for not requesting evidence testing

April
2022
Illinois Law Update
, Page 14
On Jan. 21, 2022, the Illinois Supreme Court held that a prosecutor did not impermissibly shift the burden of proof to the defendant when the prosecutor said in rebuttal closing argument that the defendant could have requested evidence testing.

Guilty as Charged?

By Jeffrey Hicken
March
2022
Article
, Page 38
A retired attorney reflects on a formative case from his early days.
3 comments (Most recent March 18, 2022)

Substantial probability to reoffend incorporated into the definition of a sexually dangerous person

February
2022
Illinois Law Update
, Page 14
On Nov. 18, 2021, the Illinois Supreme Court held that if an individual is found to be a sexually dangerous person under the Sexually Dangerous Persons Act (Act), it is not necessary to make a separate and express finding that the individual is substantially probable to reoffend.

Unsupported finding for drugs and misremembering of the testimony deprive right to fair trial

February
2022
Illinois Law Update
, Page 14
On Nov. 22, 2021, the First District of the Illinois Appellate Court found that the trial court violated the right to due process by making factual findings not based on the evidence.

Any individual may file a motion to vacate and expunge a conviction for a prior class 4 felony violation of prostitution

January
2022
Illinois Law Update
, Page 16
The Criminal Identification Act is amended to allow any individual to file a motion to vacate and expunge a conviction for a prior class 4 felony violation of prostitution.

Criminal Protective Orders: A Practitioner’s Guide

By Benjamin Lawson
January
2022
Article
, Page 34
A deep dive into Illinois’ criminal protective order statute.

Defining Lewdness

By Christopher Keleher
January
2022
Article
, Page 38
Lower courts are largely rudderless in an era of smartphones and selfies when it comes to defining lewdness and child pornography.

Digital files support a child pornography charge

January
2022
Illinois Law Update
, Page 16
On Oct. 21, 2021, the Illinois Supreme Court held that a search that uncovered child pornography did not violate the Fourth Amendment.

No conflict of interest exists when a defense attorney has also represented the victim of the defendant’s crime if the representation has concluded before trial

January
2022
Illinois Law Update
, Page 16
On Oct. 21, 2021, the Illinois Supreme Court held that no per se conflict exists where defense counsel previously represented the victim of the defendant’s crime if the representation concluded before trial.

Application of Illinois parole statute held constitutionally valid

December
2021
Illinois Law Update
, Page 14
On Sept. 13, 2021, the Fifth District of the Illinois Appellate Court held that a trial court’s application of a new Illinois parole statute to an 80-year sentence is constitutionally valid.

Remote appearances are now allowed for more court hearings when no witness testimony will be taken

December
2021
Illinois Law Update
, Page 14
The Code of Criminal Procedure of 1963 is amended to provide for remote court hearings in certain situations.

Challenge to life sentence rejected as defendant exceeded the unconstitutional age range for juvenile natural-life sentences

November
2021
Illinois Law Update
, Page 16
On Aug. 11, 2021, the Fourth District of the Illinois Appellate Court affirmed a circuit court’s judgment to impose a natural-life sentence.

Genuine issues of material fact existed for claim of malicious prosecution after overturned murder conviction

November
2021
Illinois Law Update
, Page 16
On July 29, 2021, the Illinois Supreme Court reversed the Third District of the Illinois Appellate Court’s grant of summary judgment on claims of malicious prosecution, intentional infliction of emotional distress, and conspiracy following the reversal of a murder charge.

Defendant’s motion to suppress evidence valid because defendant lacked knowledge and control of contents containing controlled substance

October
2021
Illinois Law Update
, Page 14
Defendant was convicted after jury trial of possession of a controlled substance and possession with intent to deliver.

HIV transmission decriminalized

October
2021
Illinois Law Update
, Page 14
This Act amends the Criminal Code of 2012 and repeals the statute that creates the offense of criminal transmission of HIV.

Testimony that a guilty plea was brought about by police coercion does not overcome the initial plea to warrant certificate of innocence

October
2021
Illinois Law Update
, Page 14
According to the plain and ordinary meaning of section 2-702(g)(4) of the Code of Civil Procedure, a defendant who has pleaded guilty caused or brought about his or her conviction is not entitled to a certificate of innocence.

Cocaine Isn’t What It Used to Be

By Thomas A. Drysdale
September
2021
Article
, Page 36
Cocaine is not defined the same way under Illinois and federal law. An analysis of the impact of United States v. Ruth on federal drug sentencing enhancements.

Court improperly admitted evidence of defendant’s prior bad acts to bolster witness credibility

September
2021
Illinois Law Update
, Page 18
On June 11, 2021, the Fifth District of the Illinois Appellate Court held that a new trial is warranted because the state impermissibly used the defendant’s other bad acts as substantive evidence of the defendant’s guilt.

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