Court upholds per se conflict doctrineBy Helen W. GunnarssonDecember 2008LawPulse, 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 BeginsBy Helen W. GunnarssonDecember 2008Article, Page 616Goodbye JDP, hello "monitoring device driving permit." Here's a look at the sweeping new DUI law that takes effect January 1.
Aggravated driving under the influence is a Class 2 felonyNovember 2008Illinois Law Update, Page 554On 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.
HGN tests meet the Frye standardBy Helen W. GunnarssonNovember 2008LawPulse, Page 548So rules the Tenth Circuit court in the first-ever Illinois Frye hearing on the admissibility of HGN tests as an indicator of drunk driving - assuming various requirements are met.
Sale of Tobacco to Minors Act amended. PA 095-0905November 2008Illinois Law Update, Page 554Illinois lawmakers amended the Sale of Tobacco to Minors Act by prohibiting the sale of "loose" cigarettes "not contained within a sealed container" to minors, and making it a crime for minors to use false identification to obtain cigarettes and other tobacco products. 720 ILCS 675/1.
Unlawful Use of Encryption offense created. PA 095-0942November 2008Illinois Law Update, Page 554The Criminal Code of 1961 has been amended by adding section 16D-5.5 "[u]nlawful use of encryption," which prohibits the use of encryption to commit or assist in committing a criminal offense. 720 ILCS 5/16D-5.5.
Criminal Code of 1961 amended. PA 095-0849October 2008Illinois Law Update, Page 504Effective January 1, 2009, the Criminal Code of 1961 is revised by adding a Cyber-bullying Law which provides penalties for harassment through electronic communication mediums. 720 ILCS 5/12-7.5.
Polygraph Exams in Sex-Offense CasesBy Kerry J. BrysonOctober 2008Article, Page 528Despite doubts about their reliability, polygraph exams are required in sex-offense cases. This article discusses the law.
Search of probationer’s computer deemed permissibleOctober 2008Illinois Law Update, Page 504On August 12, 2008, the Illinois Appellate Court, Second District, affirmed in part, reversed in part, and remanded for further proceedings the judgment of the Circuit Court of Kane County granting the defendant's motion to quash arrest and suppress evidence found pursuant to a search of the defendant's home by probation officers.
Traffic stop impermissibly prolongedSeptember 2008Illinois Law Update, Page 444On June 26, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of Henry County denying Bernstein's motion to suppress and sentencing him to 48 months probation for unlawful possession of marijuana with intent to deliver.
Traffic stop and subsequent Terry search valid when based on non-anonymous tipJuly 2008Illinois Law Update, Page 340On April 15, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of McDonough County granting the defendants' motions to suppress two bags containing approximately 28 or 29 boxes of pseudoephedrine collected during a search of the defendant's motor vehicle after a traffic stop for improper lane usage.
DUI changes effective June 1By Helen W. GunnarssonJune 2008LawPulse, Page 278Thanks to a law signed last year, a crazy quilt of DUI laws taking effect June 1 isn't so crazy. But ambiguities remain.
No error in allowing evidence of past convictionsJune 2008Illinois Law Update, Page 284On April 3, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the circuit court allowing the prosecution to present evidence of the defendant's prior convictions for aggravated battery and aggravated assault.
No ineffective assistance where motion to dismiss would have failedJune 2008Illinois Law Update, Page 284On April 3, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the circuit court rejecting an ineffective-assistance claim because a motion to dismiss one of the charges on the basis of a speedy-trial violation would not have been successful.
Prosecutors on prosecutroial discretionBy Helen W. GunnarssonMay 2008LawPulse, Page 230Two state's attorneys from opposite ends of illinois discuss their philosophies about deciding whether, and if so how, to prosecute a case.
Problem-Solving CourtsBy Helen W. GunnarssonApril 2008Article, Page 184Supporters of drug, mental-health, and other specialty courts say they reduce recidivism and help offenders get control of their lives.