Publications

Articles on Criminal Law and Procedure

Evidentiary hearing was necessary in death penalty appeal to determine whether the state would have exercised a peremptory challenge in the absence of gender-related motivations

May
2001
Illinois Law Update
Page 230
On March 2, 2001, the Illinois Supreme Court reversed the circuit court's dismissal of the defendant's post-conviction petition filed in a death penalty case.

The Lawyer’s Journal

By Bonnie C. McGrath
May
2001
Column
Page 226
Arbitration clauses in employment contracts are enforceable; visit the Illinois Supreme Court Web site; and more.

Proposed legislation would toughen penalties for hate crimes; H.B. 0136

May
2001
Illinois Law Update
Page 230
The Illinois House of Representatives has approved legislation that would toughen the state's stance against hate crimes.

2000 Illinois Supreme Court Criminal Survey: Guilty-Plea Appeals Redux

By James R. Reddy
April
2001
Article
Page 190
The court reviewed a remarkable 45 death-penalty cases and cleared up confusion about guilty-plea appeals.

91st General Assembly passes, governor signs “quick fix” to sentence-enhancing deficiencies; P.A. 91-0953

April
2001
Illinois Law Update
Page 170
Citing a recent Supreme Court opinion, Illinois criminal defendants have successfully argued for a reduction in court-imposed sentences where the length of sentence was based on certain factors not proven during their trial.

Aliens, Guilty Pleas, and the Risk of Deportation: Time for Legislative Action

By Moira K. Moran and Patrick M. Kinnally
April
2001
Article
Page 194
The authors recommend that the General Assembly require judges to admonish noncitizen defendants that they could be deported if they plead guilty.

Appendix

April
2001
Column
Page 209
(U) decided without dissent

The Illinois law prohibiting the unauthorized possession of weapons on public property is not unconstitutionally vague, nor does it violate separation of powers principles

April
2001
Illinois Law Update
Page 170
On February 16, 2001, the Illinois Supreme Court reversed the appellate court's finding that § 21-6 of the Criminal Code of 1961, 720 ILCS 5/21-6, was unconstitutional.

The Lawyer’s Journal

By Bonnie C. McGrath
April
2001
Column
Page 166
Police can keep suspects out of their own homes; adoption by one spouse only; arbitration clauses and fee agreements; and more.

Proposed legislation attempts to curb racial profiling in traffic stops; H.B. 805

April
2001
Illinois Law Update
Page 170
Under legislation proposed by State Representative Jay Hoffman (D-Collinsville), police officers would have to record the race of every driver stopped or ticketed.

The Lawyer’s Journal

By Bonnie C. McGrath
March
2001
Column
Page 112
Real Property Disclosure Act; legal department summon(s)ed in error; questions of law now collaterally estoppable; and more.

Violations of the constitutional right to a speedy trial, reviewed de novo, are decided by balancing the length of delay, reasons for delay, defendant’s assertion of the right, and the resulting prejudice

March
2001
Illinois Law Update
Page 116
On January 19, 2001, the Illinois Supreme Court reversed the appellate court's finding that the defendant, Anthony Crane, had his constitutional right to a speedy trial violated.

Damaging property gets more expensive for offenders - P.A. 91-931

February
2001
Illinois Law Update
Page 60
Persons who damage or deface property may now face stiffer penalties as a result of a new Illinois law.

Double jeopardy provisions prohibit ordering of new trial to correct erroneous evidentiary ruling at first trial

February
2001
Illinois Law Update
Page 60
On December 1, 2000, the Illinois Supreme Court reversed the appellate court and held that ordering a new trial to correct an evidentiary ruling unfavorable to the state during the first trial, after entering a judgment of acquittal notwithstanding the verdict, violated double jeopardy provisions.

Governor’s amendatory veto to Criminal Code legislation accepted; P.A. 91-928

February
2001
Illinois Law Update
Page 60
As one of its few acts during the fall veto session, the 91st Illinois General Assembly accepted Gov. George H. Ryan's amendatory veto of crime legislation.

The Lawyer’s Journal

By Bonnie C. McGrath
February
2001
Column
Page 56
When does may mean must? When it comes to appealing interlocutory orders

The Lawyer’s Journal

By Bonnie C. McGrath
January
2001
Column
Page 10
Standard of review for fee suits; U.S. Supremes just say no to drug-sniffing dogs at checkpoints; employee claims rejected by 7CA; and more.

Legislation mandates legal representation for pre-teens suspected of murder or sex crimes — P.A. 91-915

January
2001
Illinois Law Update
Page 14
Gov. George H. Ryan approved legislation that ensures legal representation for young minors suspected of murder or sex offenses.

A prosecutor’s closing argument which refers to defendant’s failure to testify and tries to shift the burden of proof justifies reversal where evidence of guilt is not overwhelming

January
2001
Illinois Law Update
Page 14
On October 31, 2000, the first district of the Appellate Court of Illinois reversed the defendant's conviction for armed robbery on his claim that he was denied his right to a fair trial as a result of improper prosecutorial remarks during closing arguments.

Habeas corpus relief may be granted where defense counsel fails to object to identification tainted by the state’s suggestive procedures and which lacks independent reliability

December
2000
Illinois Law Update
Page 690
On October 12, 2000, the seventh circuit court of appeals ruled that the district court erred in dismissing defendant's habeas corpus petition based on the finding that his trial counsel was not ineffective.

Law permits seizure and disposition of gang property - P.A. 91-876

December
2000
Illinois Law Update
Page 690
Beginning next year, Illinois law enforcement officials will have an additional incentive to identify members of streetgangs.

The Lawyer’s Journal

By Bonnie C. McGrath
December
2000
Column
Page 686
Extra protection against self-incrimination; grandparents get their (bad) day in court; and more.

Legislation shifts burden of proof—P.A. 91-770

December
2000
Illinois Law Update
Page 690
Persons found not guilty by reason of insanity will bear the burden of proving that they are well enough to leave a secure mental hospital under an amendment to the Uniform Code of Corrections.

New hearsay exception for “safe zone testimony” ; P.A. 91-899

December
2000
Illinois Law Update
Page 690
Under a recent change to the Illinois Code of Criminal Procedure, certain hearsay evidence will soon be admissible in some circumstances.

Appeals from Plea Agreements: New Rules Clarify the Law

By James G. Fahey
November
2000
Article
Page 642
Effective November 1, the Illinois Supreme Court amended Rules 604 and 605 to clear up the confused law of plea-agreement appeals. Read all about it.

Criminal trespass to residence now felony in some circumstances; P.A. 91-895

November
2000
Illinois Law Update
Page 624
As a result of a new Illinois law, the Illinois State Police established a pilot program aimed at testing technology designed to measure driver impairment caused by alcohol or other drug use.

Defendant must face custodial interrogation to effectively invoke Miranda right to counsel

November
2000
Illinois Law Update
Page 624
On September 21, 2000, the Supreme Court of Illinois ruled that the trial court did not err in refusing to suppress a confession given by the defendant while in custody on a murder charge.

Harassing and Obscene Communications Act amended; P.A. 91-878

November
2000
Illinois Law Update
Page 624
First-time offenders that place harassing telephone calls are normally guilty of a Class B misdemeanor, and repeat offenders face a minimum of 14 days in jail or 240 hours of public service work.

The Lawyer’s Journal

By Bonnie C. McGrath
November
2000
Column
Page 620
A lower burden of proof for consumer fraud? Arbitration-award rejection—can secretaries sign after all? and more.

Certain sex offenders prohibited from living near schools; P.A. 91-911

October
2000
Illinois Law Update
Page 563
Although no sex offender will be forced to move from his or her home, certain offenders will no longer be allowed to reside near certain protected areas under a new Illinois law signed by Gov. George H. Ryan.

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