Subject Index Criminal Law and Procedure

Verbal refusal does not control where defendant physically complies with chemical test

May
2008
Illinois Law Update
, Page 236
On March 7, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of De Kalb County finding that the defendant had not refused to submit to testing to determine the content of alcohol or other drugs in his blood.

No suppression of evidence obtained in violation of Illinois eavesdropping statute

April
2008
Illinois Law Update
, Page 180
On February 7, 2008, the Illinois Supreme Court affirmed the order of the Circuit Court of Du Page County refusing to suppress evidence obtained in violation of the Illinois eavesdropping statute, 720 ILCS 5/14-2. 

Problem-Solving Courts

By Helen W. Gunnarsson
April
2008
Cover Story
, Page 184
Supporters of drug, mental-health, and other specialty courts say they reduce recidivism and help offenders get control of their lives.

Inference permitted to satisfy mental states for unlawful use of recordings. PA 95-0485

March
2008
Illinois Law Update
, Page 124
Sections 16-7 and 16-8 of the Criminal Code of 1961 have been amended. 720 ILCS 5/16-7, 16-8. The Code defines the act and mental states that constitute unlawful use of unidentified sound or audio visual recordings. 

Admission of detective’s testimony did not violate the Confrontation Clause

February
2008
Illinois Law Update
, Page 72
On November 30, 2007, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County sentencing the defendant to 85 years for first degree murder and home invasion.

Adult DUI offenders who transport minors - what is the law?

By Helen W. Gunnarsson
February
2008
LawPulse
, Page 66
A recent Journal article inspires a debate about whether the statute it discussed is still in effect and a call for the legislature to clear up the confusion.

Duration of registration for Sex Offenders and Violent Offenders against Youth amended. PA 095-0169

February
2008
Illinois Law Update
, Page 72
The Illinois General Assembly mandates that the Illinois State Police maintain a statewide Sex Offender Database (730 ILCS 152/115 (a)-(b)) and Child Murderer and Violent Offender Against Youth Database ((730 ILCS 154/85 (a)-(b)). 

How to Admit or Exclude PBT Results

By Eric R. Waltmire
February
2008
Article
, Page 92
Police sometimes administer preliminary breath tests to drivers stopped on suspicion of DUI. When and how are the results admissible in a hearing? Here's a look at the cases.

No withdrawal allowed for a “blind plea”

January
2008
Illinois Law Update
, Page 16
On October 26, 2007, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Will County sentencing the defendant to 22 years for pleading guilty to two counts of first degree murder.

Police Interrogation of Motorists at Traffic Stops

By Bruce L. Carmen
January
2008
Article
, Page 44
The Fourth Amendment prohibits police from turning routine traffic stops into investigations of other criminal activity.

Search valid with consent of co-tenant even where other co-tenant is home but asleep

December
2007
Illinois Law Update
, Page 632
On October 9, 2007, the Illinois Appellate Court, First District, reversed the ruling of the Circuit Court of Cook County granting the defendant’s motion to suppress evidence obtained pursuant to an illegal search of defendant’s home.

State must establish foundation for admittance of electronic conversation transcript

December
2007
Illinois Law Update
, Page 632
On September 28, 2007, the Illinois Appellate Court, First District, reversed and remanded for new trial the judgment of the Circuit Court of Cook County convicting the defendant of indecent solicitation of a child because the State did “nothing to establish a foundation for the admissibility of the transcripts as evidence.” 

Definition of neglected child expanded. PA 095-0443

November
2007
Illinois Law Update
, Page 576
The Illinois General Assembly has amended Section 3 of the Abused and Neglected Child Reporting Act. 325 ILCS 5/3. 

Extraterritorial arrest valid when officer does not resort to powers of his office

November
2007
Illinois Law Update
, Page 576
On August 24, 2007, the Illinois Appellate Court, Fifth District, upheld the judgment of the Circuit Court of Williamson County denying the defendant's motion to suppress all evidence seized during his arrest.

No conflict of interest in representing codefendant

November
2007
Illinois Law Update
, Page 576
On September 12, 2007, the Illinois Appellate Court, Third District, affirmed the theft conviction of Janet Turner in the Circuit Court of Knox County. 

No Supervision for Adult DUI Offenders Who Transport Minors?

By Ralph Strathmann
November
2007
Article
, Page 596
A statute requiring prison time instead of court supervision for adult first-time DUI offenders who were transporting minors conflicts with existing law, this author argues.

Davis v Washington Narrows the Scope of “Testimonial” Hearsay

By Howard W. Anderson III
October
2007
Article
, Page 546
Prosecutors can't introduce "testimonial" hearsay unless the defendant had a chance to cross-examine the unavailable declarant. Davis tells us when a statement is not "testimonial."

New law expands video appearances by prisoners

By Helen W. Gunnarsson
October
2007
LawPulse
, Page 510
Public defenders opposed the law's passage, arguing that it gives inmates second-class justice.

Vehicle search incident to arrest justified even when arrest is made outside of vehicle

October
2007
Illinois Law Update
, Page 516
On August 9, 2007, the Illinois Appellate Court, Third District, reversed the decision of the Circuit Court of Will County granting the defendant's motion to suppress evidence found in the defendant's vehicle.  

“Sex Offenders” but No Sex Crime?

By Marion Buckley & J. Michael True
September
2007
Article
, Page 482
Under the original law, some people who didn't commit sex crimes had to register as "sex offenders." The legislature addressed the issue last year with a new law that creates its own problems.

2007 Spring Session Roundup

By Jim Covington
August
2007
Column
, Page 408
Highlights of this year's legislative session.

New DUI bill replaces JDPs with “monitoring device driving permits”

By Helen W. Gunnarsson
August
2007
LawPulse
, Page 398
A major overhaul of DUI law doubles the summary-suspension period and requires offenders to submit to alcohol monitoring devices in return for driving permits. Critics charge that it will produce unintended consequences, including fewer guilty pleas.

Using CFEs and Motions to Compel Disclosure in White-Collar Criminal Defense

By Frank S. Perri
August
2007
Article
, Page 432
Expert help and skillful motion drafting can help defense counsel respond to prosecution "document dumping" in complex criminal fraud cases..

Identity theft law applies to undocumented immigrant’s purchase of social security card

July
2007
Illinois Law Update
, Page 348
On May 9, 2007, the Illinois Appellate Court, Second District, affirmed the order of the Circuit Court of Winnebago County, finding the defendant guilty of two counts of identity theft and sentencing her to 30 months probation, 100 hours of public service, and a $500 fine.

The Naked Truth: Fourth Amendment Lessons from the Supreme Court

By Kerry J. Bryson
July
2007
Article
, Page 360
A review of recent home-search cases from the U.S. Supreme Court, including the Rettele "naked search" case from May.

Challenging Summary Suspension When A Defendant’s License is Suspended, Revoked, or Expired

By Hon. Charles P. Burns & Jeff Chan
May
2007
Article
, Page 262
Do these defendants have standing to challenge a summary suspension?

Incarceration due to forced confessions excluded from criminal and civil time limitations -PA 094-1113

May
2007
Illinois Law Update
, Page 236
In order to protect the rights of the criminally accused, the Illinois General Assembly amended the Criminal Code of 1961 (Code), 720 ILCS 5/1 et seq, to provide penalties for confessions given under duress. 

Pleading guilty online

By Helen W. Gunnarsson
May
2007
LawPulse
, Page 230
New supreme court standards allow defendants in small traffic cases to plead guilty and pay up without a trip to the courthouse.

Challenging the Constitutionality of the Illinois Consecutive Sentencing Statute

By Patrick Gallagher
February
2007
Article
, Page 96
The author argues that the Illinois consecutive sentencing statute violates the Sixth Amendment by allowing judges rather than jurors to make findings of fact that increase a defendant's punishment.

Identity theft laws now offer increased protection - PA 094-1008

February
2007
Illinois Law Update
, Page 72
Due to the increasing instances of identity theft, the Illinois legislature has amended several sections of the Illinois Criminal Code (Code). 

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