Illinois Bar Journal

Articles on Criminal Law and Procedure

Victim’s response to 911 operator’s questions is admissible into evidence as excited utterance

May
2021
Illinois Law Update
, Page 16
On Feb. 16, 2021, the Second District of the Illinois Appellate Court held that statements made in response to questions by a 911 operator can still be spontaneous enough to qualify for the excited-utterance exception to the hearsay rule.

Will Big Reforms Lead to Better Justice?

By Ed Finkel
May
2021
Cover Story
, Page 22
Illinois’ recently signed criminal justice reform legislation promises sweeping law enforcement and court changes. 

Defendant with intellectual disability may be incapable of voluntarily waiving Miranda rights

April
2021
Illinois Law Update
, Page 18
On Jan. 7, 2021, the Fourth District of the Illinois Appellate Court invalidated a Miranda waiver by a defendant with an intellectual disability who at one point raised his wish for a lawyer.

Guilty Plea, Innocent Defendant

By Ashley Kidd
April
2021
Article
, Page 40
When a defendant challenges his or her own guilty plea.

What Is So Special About a Bond Review?

By Jarrad Woodson
April
2021
Article
, Page 44
How to effectively argue for fair bond conditions.

A defendant’s intellectual disability does not nullify his voluntary jury waiver

March
2021
Illinois Law Update
, Page 18
On Dec. 31, 2020, the First District of the Illinois Appellate Court held that a defendant’s intellectual disability alone does not nullify his voluntary jury waiver.

Furnishing false information must materially impede the administration of justice for it to rise to the level of obstruction of justice

January
2021
Illinois Law Update
, Page 14
On Oct. 28, 2020, the Illinois Supreme Court held that the State of Illinois must prove that false information furnished by a defendant resulted in a material impediment to the administration of justice to convict under an obstruction-of-justice charge.

Bad Timing

By Donald J. Ramsell
December
2020
Article
, Page 32
COVID-19 and the right to a speedy trial in Illinois.
2 comments (Most recent December 10, 2020)

Court’s vacatur of guilty plea followed by a bench trial does not constitute double jeopardy

December
2020
Illinois Law Update
, Page 16
On Sept. 24, 2020, the Illinois Supreme Court found that the trial court’s sua sponte vacatur of the defendant’s guilty plea did not improperly terminate jeopardy; thus, the subsequent bench trial did not constitute double jeopardy.

The limited-authority doctrine applies to residential burglary by entry

December
2020
Illinois Law Update
, Page 16
On Sept. 24, 2020, the Illinois Supreme Court held that the limited-authority doctrine, which provides that a defendant’s authority to enter a building is limited to the specifically authorized purpose, applies to residential burglary by entry.

Recent evidence solves decades-old murder; court affirms despite evidentiary objections

December
2020
Illinois Law Update
, Page 16
On Sept. 3, 2020, the First District of the Illinois Appellate Court affirmed a trial court’s judgment in a decades-old murder case against evidentiary objections.

Guilty plea and failure to raise issue in a postplea motion may constitute grounds for forfeiting claim

November
2020
Illinois Law Update
, Page 18
On Aug. 20, 2020, the Illinois Supreme Court held that failing to raise a presentencing investigation (PSI) report issue under section 5-3-1 of the Unified Code of Corrections in a postplea motion within 30 days after sentencing results in forfeiting and waiving the claim.

Conviction for simultaneous possession of firearm and cannabis upheld

October
2020
Illinois Law Update
, Page 16
On July 7, 2020, the Fifth District of the Illinois Appellate Court held that the simultaneous possession of a firearm and any amount of cannabis is prohibited under the Illinois Criminal Code.

Expert’s testimony found inadmissible where expert was not present at time of offense

October
2020
Illinois Law Update
, Page 16
On July 13, 2020, the Second District of the Illinois Appellate Court found an expert’s testimony inadmissible because the expert witness was not present at the time of the defendant’s offense.

Offender under age 21 allowed to file a successive postconviction petition as a minor

September
2020
Illinois Law Update
, Page 18
On June 11, 2020, the First District of the Illinois Appellate Court reversed and remanded a decision by the trial court denying an offender under age 21 the opportunity to file a successive postconviction petition based on evolving pertinent law and science.

Postconviction petition granted when court admonished defendant without interpreter

September
2020
Illinois Law Update
, Page 18
On June 16, 2020, the First District of the Illinois Appellate Court found that a defendant had provided a gist of a constitutional claim for purposes of filing a postconviction petition when a trial court, without the assistance of an interpreter, pronounced him guilty.

No conviction for resisting arrest available where no legitimate arrest occurs 

August
2020
Illinois Law Update
, Page 14
On May 15, 2020, the Second District of the Illinois Appellate Court reversed the judgment of the Stephenson County Circuit Court that the defendant resisted or obstructed a peace officer’s authorized acts. 

Self-interested eyewitnesses’ testimony may be grounds for postconviction petition

August
2020
Illinois Law Update
, Page 14
On May 12, 2020, the Third District of the Illinois Appellate Court reversed the judgment of the Peoria County Circuit Court by holding that a defendant’s postconviction petition cannot be dismissed where newly discovered evidence shows that an eyewitness’s self-interested testimony may have materially affected the outcome of the trial.

Incomplete partial-fingerprint analysis insufficient for conviction

June
2020
Illinois Law Update
, Page 14
At a trial convicting the defendant of residential burglary, the state presented a fingerprint expert’s testimony on a partial fingerprint obtained at the scene that matched the defendant’s.

Insufficient evidence for involuntary-manslaughter-instruction request

June
2020
Illinois Law Update
, Page 14
A state trooper convicted of first-degree murder of his girlfriend at a middle-school graduation party argued on appeal that the circuit court denied him a fair trial by refusing to instruct the jury on the lesser offense of involuntary manslaughter.

Plea of guilty but mentally ill found valid despite later motion to withdraw

April
2020
Illinois Law Update
, Page 16
On Jan. 30, 2020, the Fifth District Appellate Court affirmed a lower court’s ruling denying a defendant’s motion to withdraw his plea of guilty but mentally ill.

Illinois Gets Away With Felony Murder

By Rhys Saunders
January
2020
LawPulse
, Page 12
The U.S. Supreme Court refuses to hear a challenge to Illinois’ felony murder 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.

Criminal sex crimes statute of limitations

October
2019
Illinois Law Update
, Page 14
Under current law, prosecution for criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse must be commenced within 10 years of the commission of the offense if the victim reported the offense within three years of the commission.

Emergency medical assistance for sexual assault might not lead to arrest if warrant out

October
2019
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Code of Criminal Procedure of 1963 to alter the procedures for effecting a warrant of arrest in certain circumstances.

Make It Go Away: A Practical and Realistic Guide to Expungement, Sealing, and Other Criminal Record Reforms

By Paul C. Meyers
September
2019
Article
, Page 26
How to respond to client expungement and sealing inquiries in the wake of significant criminal record reforms in Illinois.

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.

Pages

Select a Different Subject