In Castleberry, the Illinois Supreme Court abolished the "void sentence" doctrine, under which a sentence not authorized by statute was void. How should defense lawyers and prosecutors react to the post-Castleberry world?
On November 12, 2015, the Third District of the Illinois Appellate Court affirmed Drew Peterson's first degree murder conviction and sentencing on the grounds that his guilt was proven beyond a reasonable doubt.
Public Acts 99-290, 99-296, 99-300, and 99-467, which all address DUIs and revoked or restricted licenses, prompted the implementation of the following amendments to 92 Ill. Adm. Code 1001 (eff. March 23, 2016).
On February 19, 2016, the Supreme Court of Illinois held that enhanced sentencing under the Habitual Criminal Act does not affect whether a sentence for aggravated vehicular hijacking with a dangerous weapon other than a firearm ("AVH/DW") violates the Proportionate Penalties Clause of the Illinois Constitution.
It's no secret that criminal suspects in Illinois and elsewhere confess to crimes they didn't commit, often after aggressive police interrogation. But how widespread are false confessions in the post-Jon Burge era?
The Department amended the Part on the Office of Inspector General Investigations of Alleged Abuse or Neglect in State-Operated Facilities and Community Agencies pursuant to Pub. Act 99-323. 59 Ill. Adm. Code 50 (eff. Jan. 5, 2016).
On December 3, 2015, the Supreme Court of Illinois reversed a circuit court's order and held that section 24-1.6(a)(1), (a)(3)(C) of the Aggravated Unlawful Use of a Weapon (AUUW) statute does not violate the Proportionate Penalties Clause of the Illinois Constitution or the Equal Protection clauses of the United States and Illinois Constitutions.
According to a news report and a criminal defense lawyer, internal audits of the Illinois State Police crime lab's toxicology section reveal fundamental problems with the section's testing methodology.