Subject Index Criminal Law and Procedure

On April 15, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of McDonough County granting the defendants' motions to suppress two bags containing approximately 28 or 29 boxes of pseudoephedrine collected during a search of the defendant's motor vehicle after a traffic stop for improper lane usage.

On April 3, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the circuit court allowing the prosecution to present evidence of the defendant's prior convictions for aggravated battery and aggravated assault.

On April 3, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the circuit court rejecting an ineffective-assistance claim because a motion to dismiss one of the charges on the basis of a speedy-trial violation would not have been successful.

On March 4, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the circuit court quashing the arrest of the defendant and suppressing the evidence resulting from that arrest.

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.

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. 

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. 

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.

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)). 

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.

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.

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.” 

The Illinois General Assembly has amended Section 3 of the Abused and Neglected Child Reporting Act. 325 ILCS 5/3. 

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.

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

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.