Publications

Illinois Bar Journal

 

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Articles on Criminal Law and Procedure

A Freer Hand for Police at Illinois Traffic Stops By Rob Shumaker December 2009 Article, Page 624 In response to the U.S. Supreme Court, the Illinois Supreme Court issued decisions that give police more freedom to search and question vehicle occupants at traffic stops.
Illinois adopts new rules governing rehabilitation of juvenile sex offenders December 2009 Illinois Law Update, Page 604 The Sex Offender Management Board adopted new sections regulating the treatment and rehabilitation of convicted juvenile sex offenders.  
Sex offenders banned from using social networking Web sites. PA 096-0262 December 2009 Illinois Law Update, Page 604 Illinois lawmakers recently added new language to the Criminal Code of 1961 to prohibit convicted sex offenders from using social networking Web sites.
Stalking laws amended. PA 096-0686 December 2009 Illinois Law Update, Page 604 The Illinois General Assembly made numerous changes to the Criminal Code of 1961, including amendments to statutes on criminal stalking, aggravated stalking, and cyberstalking. 720 ILCS 5/12-7.3-7.5.
Crime victims may present victim impact statements in mental health commitment hearings. PA 096-0117 October 2009 Illinois Law Update, Page 496 Illinois lawmakers have amended the Rights of Crime Victims and Witnesses Act to allow for victims of a violent crime to submit impact statements in cases where the defendant has been found not guilty by reason of insanity.
Inactive Client Relationships May Create Per Se Conflicts for Criminal Defense Lawyers By Isaac J. Colunga October 2009 Article, Page 522 A per se conflict of interest may arise because of a past client relationship, regardless of whether criminal defense attorneys have spoken with their former clients in years.
New Law Clarifies Illinois’ Sentencing Statutes By John J. Cullerton, Peter G. Baroni, Daniel S. Mayerfield, Ryan J. Rohlfsen, and Paul H. Tzur September 2009 Article, Page 466 A newly enacted reorganization of the Unified Code of Corrections helps bring sentencing up to date in Illinois.
2009 Spring Session Roundup By Jim Covington August 2009 Column, Page 396 A summary of key legislation.
If erroneously admitted evidence does not prejudice the defendant, the error does not require reversal July 2009 Illinois Law Update, Page 336 On April 21, 2009, the Illinois Appellate Court, Second District, on defendant's appeal from the Circuit Court of Winnebago County, affirmed the conviction of defendant, who was convicted of the unlawful possession of a weapon by a felon.
Amendments to DUI statute should be harmonized June 2009 Illinois Law Update, Page 284 On March 27, 2009, the Illinois Appellate Court, Third District, reversed the decision of the Circuit Court of Henry County, which granted the defendants' motions to dismiss, holding that two subsections of the DUI statute enacted by PA 94-329 were not embodied in the DUI law, 625 ILCS 5/11-501 (2006), at the time the offenses were alleged to have been committed.
The plain language of section 2-118.1(b) of the Vehicle Code suggests alternatives June 2009 Illinois Law Update, Page 284 On March 31, 2009, the Illinois Appellate Court, First District, reversed and remanded the judgment of the Circuit Court of Cook County rescinding the statutory summary suspension of the defendant's driver's license. 
No right to expungement for pardon recipients By Helen W. Gunnarsson May 2009 LawPulse, Page 220 Just because the the governor pardons you doesn't mean you're entitled to have your conviction expunged, the illinois Supreme Court held.
A Critical Look at the Shaken Baby Syndrome By Roger H. Kelly and Zachary M. Bravos April 2009 Article, Page 200 Recent research shows that factors other than abuse may be the cause of damage thought to result from shaking, the authors argue.
New laws criminalize interference with the duties of a judicial officer. PA 095-1035 April 2009 Illinois Law Update, Page 174 Illinois lawmakers amended the Criminal Code of 1961 by adding two new sections making it a crime to interfere with the duties of a judicial officer, or attempt to bribe an officer's immediate family, staff, or other court employees. 720 ILCS 5/32-4e, 32-4f.
Post-conviction petition deemed untimely April 2009 Illinois Law Update, Page 174 On February 11, 2009, the Illinois Appellate Court, First District, reversed and remanded the ruling of the Circuit Court of Cook County which granted the defendant post conviction relief and a reduction in sentence pursuant to People v Whitfield, 217 Ill 2d 177, 840 NE2d 658 (2005) because the defendant's petition was untimely.
Rules committee hears criminal law, family law, civil practice proposals By Helen W. Gunnarsson April 2009 LawPulse, Page 168 The supreme court rules committee heard proposals to require consular notification for foreign nationals, to change child custody rules, and to require additional notice to opposing counsel.
Should criminal defendants talk to the press? By Helen W. Gunnarsson April 2009 LawPulse, Page 168 Not a good idea, criminal defense lawyers and prosecutors agree.
Commission to Study Disproportionate Justice Impact Act enacted. PA 095-0995 March 2009 Illinois Law Update, Page 122 Illinois lawmakers enacted the Commission to Study Disproportionate Justice Impact Act to assess the “nature and extent of the harm caused to minority communities” by certain provisions of the Illinois Vehicle Code (625 ILCS 5/ et seq), Criminal Code of 1961 (720 ILCS 5/ set seq), Cannabis Control Act (720 ILCS 550/ et seq) and other listed laws.
Court’s failure to grant continuance plain error By Helen W. Gunnarsson March 2009 LawPulse, Page 116 The high court rules that a judge’s failure to grant defense counsel’s request for a continuance in a murder trial was plain error requiring a new trial.
Judges must rule before trial on motions in limine By Helen W. Gunnarsson March 2009 LawPulse, Page 116 A new ruling lets criminal defense attorneys know before deciding to let their clients testify whether their priors will be admitted at trial.
Admission of prior juvenile adjudications allowed to February 2009 Illinois Law Update, Page 70 On December 2, 2008, the Illinois Supreme Court affirmed the judgment of the Illinois Appellate Court, Third District, which affirmed the decision of the Circuit Court of Peoria County to allow the state to impeach a defendant with certified copies of his prior juvenile adjudications.
Defending politicians, getting paid By Helen W. Gunnarsson February 2009 LawPulse, Page 64 How do lawyers in the Land of Lincoln (and Ryan and Blagojevich) make sure they get paid when defending politicians charged with corruption? 
New hearsay exception added for the intentional murder of a witness. PA 095-1004 February 2009 Illinois Law Update, Page 70 The Illinois General Assembly amended the Code of Criminal Procedure by adding section 115-10.6, which creates a new hearsay exception when evidence is offered against a party that has killed the declarant "intending to procure the unavailability of the declarant as a witness in a criminal or civil proceeding." 725 ILCS 5/115-10.6.
Dismissal for double jeopardy was improper January 2009 Illinois Law Update, Page 16 On October 24, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of Kankakee County granting the defendant's motion to dismiss on grounds of double jeopardy. 
Code of Criminal Procedure amended to accommodate those with developmental disabilities. PA 095-0897 December 2008 Illinois Law Update, Page 612 The Illinois General Assembly amended the Code of Criminal Procedure of 1963 by changing the heading of Article 106b and amending Section 106B-5. 725 ILCS 5/106B-5. 
Court upholds per se conflict doctrine By Helen W. Gunnarsson December 2008 LawPulse, Page 606  A conflict exists whenever an attorney represents both a criminal defendant and the alleged victim, the Illinois Supreme Court rules.
DUI Law: The BAIID Era Begins By Helen W. Gunnarsson December 2008 Article, Page 616 Goodbye JDP, hello "monitoring device driving permit." Here's a look at the sweeping new DUI law that takes effect January 1.
Firefighters protected by Criminal Code amendment. PA 095-0801 December 2008 Illinois Law Update, Page 612 Illinois lawmakers amended the Criminal Code of 1961 by modifying section 31-1. 720 ILCS 5/31-1. 
Incriminating statements suppressed in first degree murder case December 2008 Illinois Law Update, Page 612 On September 30, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the Circuit Court of McLean County granting the defendant's two motions to suppress evidence. 
Aggravated driving under the influence is a Class 2 felony November 2008 Illinois Law Update, Page 554 On September 8, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Lake County finding the defendant guilty of aggravated driving under the influence of alcohol, and sentencing the defendant to three years in prison.