Possession of a firearm and ammunition deemed separate offensesSeptember 2015Illinois Law Update, Page 18On February 20, 2015, the supreme court held that the unlawful use of weapons ("UUW") by a felon statute authorizes the State to charge the possession of a firearm and the possession of ammunition as separate offenses.
When ‘Or’ Means ‘And’: A Trap for Criminal AppealsBy Timothy J. TingJune 2015Article, Page 40Criminal defense lawyers who appeal judgments entered after guilty pleas must certify that they have consulted their client about claims of error in both the guilty plea and sentence.
Increased access to individual criminal history transcriptsMay 2015Illinois Law Update, Page 16Where before only law enforcement and correctional facilities could provide individuals with their criminal history transcripts, a new rulemaking by the Department of State Police allows licensed fingerprint vendors to provide this service for a fee.
The Mandatory Criminal Fines ConundrumBy Jennifer Donnelly and Steve DellingerApril 2015Article, Page 28Judges typically rely on the circuit clerk to determine mandatory fines, but the clerk often goes further and actually imposes them, which makes the fines void. This article proposes some solutions.
Ignorance of the law - an excuse after all?By Matthew HectorFebruary 2015LawPulse, Page 12The Supreme Court ruled that a "reasonable mistake of law" can provide reasonable suspicion to justify a traffic stop. Are police being held to a lower standard than ordinary citizens?
Court-mandated risk assessment evaluationJanuary 2015Illinois Law Update, Page 16While setting bail and the conditions of release under the Code of Criminal Procedure of 1963, the court may order a risk assessment evaluation for a respondent facing any of the following charges:
E-filing comes to criminal courtBy Matthew HectorDecember 2014LawPulse, Page 566Effective last September, the Illinois Supreme Court expanded its electronic filing standards to include criminal and traffic cases.
When Criminal Evidence Goes MissingBy Colby G. HathawayOctober 2014Article, Page 490What happens when police destroy evidence or prosecutors don't disclose it? This article explains when defendants can claim due process violations and seek discovery sanctions.
Citizen Tips and the Fourth AmendmentBy Rob ShumakerJuly 2014Article, Page 336More cases, including a new U.S. Supreme Court ruling, define whether a police investigatory stop based on a citizen tip is valid.
Aggravated battery of a nurseMay 2014Illinois Law Update, Page 220The Criminal Code of 2012 has been amended by adding another aggravated battery offense.
Silence as Self-Incrimination after Salinas v. TexasBy Robin B. MurphyApril 2014Article, Page 184After Salinas, non-custodial suspects must expressly invoke the right to remain silent, or silence can be held against them. But in Illinois, state law provides some evidentiary protection.
Revestment doctrine exists but rarely applies, high court rulesBy Janan HannaMarch 2014LawPulse, Page 114The revestment doctrine lets a trial court be "revested" with jurisdiction even though the litigants failed to file post-trial motions. In People v. Bailey, the supreme court affirmed but strictly narrowed the doctrine.
A Guide to the Confrontation ClauseBy Geoffrey BurkhartJune 2013Article, Page 304When does the Sixth Amendment require prosecutors to produce a live witness rather than an out-of-court statement against a defendant? Here's a look at the latest developments.