Publications

Articles on Criminal Law and Procedure

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.

Dissemination of secret videotapes or photographs now a Class 4 felony P.A. 91-910

October
2000
Illinois Law Update
Page 563
Knowingly videotaping or photographing persons in locker rooms, changing rooms, or hotel bedrooms will soon be a Class A misdemeanor under a new amendment to the Criminal Code.

Impeaching Jury Verdicts for Juror Misconduct and Prejudicial Influence

By Hon. Denise M. O’Malley
October
2000
Article
Page 568
A judge's perspective on how courts do—and should—respond to alleged juror misconduct and prejudice.

The Lawyer’s Journal

By Bonnie C. McGrath
October
2000
Column
Page 560
The illusion of insurance exclusion; lease lacking, landlord loses; OSHA makes house calls; and more.

Recent U.S. Supreme Court Fourth Amendment Rulings Expand Police Discretion

By Michele M. Jochner
October
2000
Article
Page 576
Far from drawing bright lines, these rulings have raised new uncertainties, this author argues.

Sex offender registration

October
2000
Illinois Law Update
Page 563
On June 19, 2000, the Illinois Department of State Police (department) adopted amendments and a new section to section 1280 of the Illinois Administrative Code. 20 Ill Adm Code 1280.

Sexual assault evidence may be released by health officials in new circumstances; P.A. 91-888

October
2000
Illinois Law Update
Page 563
Under a new Illinois law, sexual assault evidence collection kits may be released in an increased number of situations to facilitate prosecutions of alleged offenders.

Sexually Violent Persons Commitment Act amended; P.A. 91-875

October
2000
Illinois Law Update
Page 563
The number of persons considered "sexually violent" may increase as a result of recent changes to the Sexually Violent Persons Commitment Act.

Governor signs new law mandating the preservation of evidence, withholds authority to exercise amendatory veto P.A. 91-871

September
2000
Illinois Law Update
Page 500
The 91st General Assembly has taken a second major step toward ensuring criminal justice by requiring that physical evidence used to convict criminals be preserved for DNA and other testing in post-trial proceedings.

Enforcing Orders of Protection Across State Lines

By Celia Guzaldo Gamrath
August
2000
Article
Page 452
Is your client protected when she crosses state lines with an order of protection? Read and find out.

The Lawyer’s Journal

By Bonnie C. McGrath
August
2000
Column
Page 434
You still have the right to remain silent; UPL and in-house counsel; and more.

Trial court did not improperly dismiss potential juror in death penalty case

August
2000
Illinois Law Update
Page 438
On June 15, 2000, the Illinois Supreme Court affirmed first degree murder, attempted murder, and armed robbery convictions against Paris D. Sims, as well as a death sentence ordered by the circuit court of St. Clair County.

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