Publications

Articles on Criminal Law and Procedure

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).

Evidence admissible under eavesdropping statute if defendant acquiesced to monitoring; state’s use of glass-comparison evidence did not constitute plain error

July
2003
Illinois Law Update
Page 332
On April 17, 2003, the Illinois Supreme Court upheld the defendant's conviction of murder in the first degree and of unlawful possession of a stolen or converted motor vehicle.

Expert witness testimony on eyewitness identification must be properly excluded on case-by-case basis; line-up photos marked by eyewitnesses allowed into jury deliberations

July
2003
Illinois Law Update
Page 332
On March 31, 2003, the Appellate Court of Illinois, First District, affirmed the judgment of the circuit court of Cook County convicting the defendant of first-degree murder and sentencing him to 35 years in prison.

Search and Seizure of E-Evidence in Illinois: Cybercrime and the Internet Frontier

By Rachel J. Hess
July
2003
Article
Page 344
A review of the search-and-seizure issues that arise in the investigation of Internet crimes.

Does People v Morgan Invite Wrongful Convictions?

By Larry R. Wells
June
2003
Article
Page 307
The author argues that the Morgan one-good-count rule turns any general guilty verdict into a potential due-process violation.

No statute of limitations on certain sex offenses P.A 92-0752

June
2003
Illinois Law Update
Page 280
In accordance with Illinois' recent creation of a DNA database, the legislature amended the list of crimes for which no statute of limitations applies to include any offense involving sexual conduct.

State violated Speedy Trial Act; delays attributable to defendant on contributing charge not attributable to defendant on murder charge filed 168 days later

June
2003
Illinois Law Update
Page 280
On April 3, 2003, the Illinois Supreme Court concluded that defendant Williams was deprived of a fair trial based on plain error.

A Guide to the Illinois Post-Conviction Hearing Act

By Kerry J. Bryson
May
2003
Article
Page 248
The Act allows prisoners to pursue claims neglected on direct appeal or based on facts not in the record.

Sentence in excess of maximum for involuntary manslaughter violates Apprendi, but subject to harmless error analysis where uncontradicted evidence in support of sentencing enhancement

May
2003
Illinois Law Update
Page 226
On February 6, 2003, the Illinois Supreme Court held that the sentencing court's imposition of an enhanced sentence for involuntary manslaughter based on a judicial finding was harmless error.

Trial court properly issued search warrant where, under totality of facts, affidavit would lead one of reasonable caution to believe defendant’s hair and blood samples would be relevant evidence of offense committed

May
2003
Illinois Law Update
Page 226
On February 5, 2003, the Appellate Court of Illinois, Fifth District, affirmed the order of the Circuit Court of Marion County convicting the defendant of home invasion and aggravated criminal sexual assault.

Double jeopardy does not bar second county from prosecuting defendant for different offense relating to same conduct underlying prior conviction

April
2003
Illinois Law Update
Page 168
On January 15, 2003, the Appellate Court of Illinois, Fourth District, affirmed the order of the circuit court of Champaign County denying the defendant's motion to dismiss four of five counts of an indictment on grounds of double jeopardy.

Residential treatment program created for female offenders P.A. 92-0806

April
2003
Illinois Law Update
Page 168
Recent amendments to the Unified Code of Corrections, 730 ILCS 5/5 et seq., establish residential drug treatment programs for certain female offenders.

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