Subject Index Criminal Law and Procedure

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.

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.

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