Publications

Articles on Criminal Law and Procedure

Unlawful entry is an “authorized act” by a peace officer within the meaning of the municipal ordinance of resisting or obstructing a peace officer

April
2004
Illinois Law Update
Page 176
On January 21, 2004, the Appellate Court of Illinois, Fourth District, affirmed the judgment of the Circuit Court of Champaign County convicting the defendant of resisting or obstructing a peace officer. 

Trial court erred in ordering restitution based on a charge that was dismissed as part of plea agreement.

March
2004
Illinois Law Update
Page 124
On December 30, 2003, the Appellate Court of Illinois, Second District, vacated the order of the trial court ordering the defendant to pay restitution based on a criminal damage to property charge that was dismissed as a part of her plea agreement on other charges.

Demystifying the USA PATRIOT Act

By William F. Zieske
February
2004
Article
Page 82
Have you wondered what this massive, controversial Act is really all about? Here's a summary and review.

Offenders May Participate in State’s Attorney’s Bad Check Diversion Programs as an Alternative to Prosecution; P.A. 093-0394

February
2004
Illinois Law Update
Page 70
State's attorneys may create bad check diversion programs within their offices, which would allow qualified offenders to participate in the program instead of being prosecuted for the offense. 

Post-Conviction Petitions Limited Unless Certain Extenuating Circumstances Can be Shown P.A. 093-0493

February
2004
Illinois Law Update
Page 70
Effective the first of the year, an inmate cannot file more than one post-conviction petition in the trial court, under 725 ILCS 5/122-1, without leave of court.

Trial courts have no obligation to sua sponte issue an involuntary manslaughter instruction

February
2004
Illinois Law Update
Page 70
On November 20, 2003, the Illinois Supreme Court reversed the judgment of the appellate court that found that the trial court had abused its discretion when it failed to sua sponteissue an involuntary manslaughter instruction to the jury. 

Voice Stress Analyzer a Permissible Method of Deception Detection P.A. 93-0619

February
2004
Illinois Law Update
Page 70
The Detection of Deception Examiners Act was recently amended to clarify that the Act does not prohibit the use of a voice stress analyzer by any trained.

Aggravated battery cannot be the predicate offense for felony murder.

January
2004
Illinois Law Update
Page 16
On October 17, 2003, the Illinois Supreme Court reversed in part, affirmed in part, and remanded the appellate court's decision to overturn the defendant's conviction of felony murder because it was improperly predicated upon aggravated battery.

Corporate Officials to be Held Criminally Responsible for Misconduct P.A. 93-0496

December
2003
Illinois Law Update
Page 600
Effective January 1, 2004, the Criminal Code is amended to hold those responsible for corporate misconduct criminally accountable.

Offense elements must be identical for a proportionate penalties clause challenge to succeed

December
2003
Illinois Law Update
Page 600
On September 18, 2003, the Illinois Supreme Court reversed the portion of the appellate court's decision that vacated the defendant's extended-term sentence. 

The periodic presence of a probationer does not constitute grounds for indiscriminate searches

December
2003
Illinois Law Update
Page 600
On September 18, 2003, the Illinois Supreme Court affirmed the circuit and appellate courts' judgments to suppress evidence found during a search of the defendant's motel room in which a probationer subject to a search condition was staying.

State does not have the burden to prove probable cause to arrest in order to establish that a defendant is in “lawful custody” for the purpose of proving felony escape

December
2003
Illinois Law Update
Page 600
On September 19, 2003, the Appellate Court of Illinois, Second District, affirmed the defendant's conviction for escape in the circuit court of Stephenson County.

“Stop and Frisk” in Illinois: Recent Supreme Court Terry-Doctrine Decisions

By Michelle M. Jochner
December
2003
Article
Page 616
A look at recent decisions that define when warantless stops are permissible under the Fourth Amendment.

Defendants must show cause and prejudice for postconviction petitions to be considered.

November
2003
Illinois Law Update
Page 550
On August 21, 2003, the Illinois Supreme Court held that a postconviction petitioner may not raise a claim based on Apprendi v. New Jersey, 530 U.S. 466, in a successive postconviction petition.

Judges must warn immigrants that guilty pleas can lead to deportation

By Helen W. Gunnarsson
November
2003
LawPulse
Page 544
A new law requires judges to warn immigrant defendants that their plea bargains can lead to deportation.

A pending traffic citation and complaint for “driving while license revoked” tolls the 3-year statute of limitations under §3-7(c) of the Criminal Code, and “aggravated driving while license revoked” constitutes the same conduct as misdemeanor offense und

November
2003
Illinois Law Update
Page 550
On August 7, 2003, the Appellate Court of Illinois, Second District, reversed the order of the Circuit Court of DuPage County dismissing the indictment filed against the defendant for aggravated driving while license revoked and remanded the cause for further proceedings.

Synthetic Drug Manufacturing Conspiracy Defined P.A. 93-0596

November
2003
Illinois Law Update
Page 550
A person commits criminal synthetic drug manufacturing conspiracy when, with the intent that a controlled substance be manufactured or produced, the person aids in the manufacture or production of a synthetic controlled substance.

Expungement of Juvenile Records

By Terence M. Madsen
October
2003
Article
Page 523
How to help your juvenile-offender client wipe the slate clean.

New amendments affect police interrogations (P.A. 93-0517)

October
2003
Illinois Law Update
Page 492
The Illinois Police Training Act has been amended to require training of police officers to conduct electronic interrogations.

New legislation criminalizes use of a dangerous place in connection with controlled substances offense (P.A. 93-0516)

October
2003
Illinois Law Update
Page 492
The Illinois Criminal Code has been amended to criminalize the use of a dangerous place for the commission of a substance or cannabis offense.

The State may not discriminately select when to grant use immunity when doing so would prevent the defendant from fully and meaningfully presenting his defense

October
2003
Illinois Law Update
Page 492
On July 11, 2003, the Appellate Court of Illinois, Third District, vacated the order of the Circuit Court of LaSalle County denying the defendant's motion to suppress evidence.

Sweeping regulation regarding sex offenders

October
2003
Illinois Law Update
Page 492
The Illinois Sex Offender Management Board recently adopted regulations pursuant to their duties under 20 ILCS 4026.

Defendant who was absent at trial may file for appellate review pursuant to section 115-4.1(g) so long as appeal raises issues of fundamental fairness and due process

September
2003
Illinois Law Update
Page 436
On May 20, 2003, the Appellate Court of Illinois, First District, affirmed the order of the Circuit Court of Cook County convicting the defendant of theft by deception and sentencing him in absentia.

Evidence obtained in traffic stop that was based upon an anonymous tipper who overheard cellular phone conversation on police scanner not obtained illegally and should not have been suppressed

September
2003
Illinois Law Update
Page 436
On June 19, 2003, the Illinois Supreme Court held that the evidence obtained in a traffic stop that was based upon an anonymous tipper who overheard a cellular phone conversation on a police scanner was not obtained in violation of the Illinois eavesdropping statute, federal wiretapping statutes, or constitutional protections against unreasonable searches and seizures.

Governor signs six-bill package addressing Illinois criminal justice system P.A. 93-0206, P.A. 93-0208, P.A. 93-0209, P.A. 93-0210 (all approved 7-18-03, effective immediately) P.A. 93-0207, P.A. 93-0211

September
2003
Illinois Law Update
Page 436
Gov. Rod Blagojevich recently signed into law six bills aimed at eliminating problems that have raised questions about the integrity of Illinois' criminal justice system.

Increased penalties for arson involving a place of worship P.A. 93-0169

September
2003
Illinois Law Update
Page 436
New legislation provides for increased penalties for arson involving a place of worship.

Provisions under P. A. 91-0404, imposing mandatory 15- and 20-year sentence enhancements for possession or personal discharge of a firearm in the commission of certain offenses, held unconstitutional

September
2003
Illinois Law Update
Page 436
On June 19, 2003, the Illinois Supreme Court held that the provisions under P. A. 91-0404, §5, effective January 1, 2000.

When conducting a routine traffic stop, a police officer’s questioning may not change the fundamental nature of the stop without any reasonable, articulable suspicion that the individual had committed a crime

September
2003
Illinois Law Update
Page 436
On June 26, 2003, the Appellate Court of Illinois, Fifth District, reversed both the order of the Circuit Court of Richland County denying the defendant's motion to suppress evidence and the defendant's conviction of unlawful possession of a firearm by a felon.

Convictions in Illinois may no longer be challenged on the sole basis that they are legally inconsistent with acquittals on other charges, overruling People v Klingenberg

August
2003
Illinois Law Update
Page 384
On May 22, 2003, the Illinois Supreme Court overruled its decision in People v Klingenberg, 172 Ill 2d 270, 665 NE2d 1370 (1996).

Section 11-20.1(f) of Illinois child pornography statute, including virtual children within the definition of “child,” unconstitutionally overbroad; sexually explicit computer depictions of actual children still validly prohibited under statute

August
2003
Illinois Law Update
Page 384
On May 22, 2003, the Illinois Supreme Court held that section 11-20.1(f) of the Illinois child pornography statute, 720 ILCS 5/11.20.1(f) (2001).

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