Subject Index Criminal Law and Procedure

On Dec. 16, 2025, the First District of the Illinois Appellate Court held that, absent proof of an arrest, there is insufficient evidence to sustain a conviction for resisting arrest.

On Dec. 5, 2025, the First District of the Illinois Appellate Court held that mandatory life sentences are inapplicable to defendants under the age of 21 at the time of the offense.

On Dec. 9, 2025, the First District of the Illinois Appellate Court held that a prior theft conviction is admissible to impeach the plaintiff’s credibility.

On Dec. 18, 2025, the Fifth District of the Illinois Appellate Court held that a weapon conviction based on a prior juvenile adjudication did not violate the Second Amendment.

On Dec. 15, 2025, the Second District of the Illinois Appellate Court held that an indictment alleging theft of “United States currency” was not fatally defective where the evidence showed the defendant unlawfully obtained wages through electronic direct deposits.

On Dec. 15, 2025, the Second District of the Illinois Appellate Court held that admitting a forensic laboratory report through a surrogate analyst violated the defendant’s confrontation clause rights.

On Dec. 4, 2025, the Illinois Supreme Court held that a 30-day imprisonment sanction is not a sentence under the County Jail Good Behavior Allowance Act and therefore does not entitle defendants to good-conduct credit.

On Oct. 23, 2025, the Illinois Supreme Court held that a petitioner seeking a certificate of innocence must prove innocence of every offense charged, including counts the state nol-prossed in a plea agreement in addition to the offense for which that petitioner was incarcerated.

The Illinois General Assembly amended the Stalking No Contact Order Act to clarify the types of conduct presumed to cause emotional distress and to refine the definition of stalking.

On Sept. 29, 2025, the First District of the Illinois Appellate Court held that a defendant who entered a fully negotiated guilty plea cannot, absent a withdrawal of the plea agreement, add presentence program credits that were not part of the agreement.

On Aug. 26, 2025, the Fourth District of the Illinois Appellate Court held that a mistake about eligibility for an extended term does not convert a negotiated plea into an open plea.

On July 30, 2025, the Fourth District of the Illinois Appellate Court held that there is an abuse of discretion where the trial court erred in excluding testimony as cumulative.

The Illinois General Assembly amended the Criminal Code. The law now requires law enforcement to trace all seized firearms if they were unlawfully possessed, used for an unlawful purpose, recovered from a crime scene, or suspected of being used in a crime. 

On June 25, 2025, the Second District of the Illinois Appellate Court held that a defendant waives their demand for a speedy trial by failing to appear for any court date, even after the speedy-trial period has run.

On June 5, 2025, the Illinois Supreme Court held that an aggregate sentence is not a de facto life sentence when the defendant is eligible for parole.

On April 24, 2025, the Illinois Supreme Court held that a conviction for attempted first-degree murder requires proof of intent to kill without lawful justification.

The Illinois General Assembly amended the Criminal Code of 2012, the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Under the Code, if a judgment is withheld, the plea, verdict, sentence, or finding of guilt is no longer considered a conviction under Illinois law unless and until judgment is entered.

The Illinois General Assembly amended the Criminal Identification Act. Illinois State Police and local law enforcement authorities must now automatically seal the law enforcement records that relate to an individual’s class 4 felony conviction for prostitution when the individual’s file becomes eligible for expungement under applicable law.

On Dec. 21, 2024, the First District of the Illinois Appellate Court held that presenting new witness testimony may qualify as “newly discovered evidence.”

On March 7, 2025, the Fourth District of the Illinois Appellate Court held that prosecuting a criminal defendant for “solely malicious” reasons does not fall outside the scope of prosecutorial discretion.

On Feb. 7, 2025, the First District of the Illinois Appellate Court held that the Armed Habitual Criminal (AHC) statute does not violate the Second Amendment.

On Feb. 21, 2025, the Fourth District of the Illinois Appellate Court held that the doctrine of forfeiture by wrongdoing applies when the defendant prevents a victim from speaking to police about ongoing abuse.

On Jan. 23, 2025, the Second District of the Illinois Appellate Court held that pretrial release sanctions are not exceptions to the County Jail Good Behavior Allowance Act.

On Dec. 17, 2024, the Fourth District of the Illinois Appellate Court held that a victim owed restitution may pursue contempt actions in a criminal proceeding.

On Nov. 21, 2024, the Illinois Supreme Court held that under the Pretrial Fairness Act, the state is not required to disprove every condition that could mitigate safety threats posed by a defendant to deny pretrial release.