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Illinois Bar Journal

 

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Articles on Criminal Law and Procedure

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.
The Crawford Confrontation-Clause Bar: Governmental Involvement Is Key to “Testimonial” Hearsay By Hon. Daniel B. Shanes November 2008 Article, Page 574 The author argues that statements are rarely "testimonial" - and thus barred - if the government did not produce them.
Criminal Code creates “grooming” and “traveling to meet a minor” offenses. PA 095-0901 November 2008 Illinois Law Update, Page 554 Illinois lawmakers amended the Criminal Code of 1961 to include two new related offenses: "grooming" and "traveling to meet a minor." 720 ILCS 5/11-25, 11-26. 
Evidence sufficient to uphold conviction for disorderly conduct November 2008 Illinois Law Update, Page 554 On August 20, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County finding the defendant guilty of disorderly conduct. 
HGN tests meet the Frye standard By Helen W. Gunnarsson November 2008 LawPulse, Page 548 So 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 095-0905 November 2008 Illinois Law Update, Page 554 Illinois 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.
Two traffic stops, no Fourth Amendment “seizures,” the court rules By Helen W. Gunnarsson November 2008 LawPulse, Page 548 The Illinois Supreme court rules for the state in two cases where defendants were asked for consent to search after a traffic stop.
Unlawful Use of Encryption offense created. PA 095-0942 November 2008 Illinois Law Update, Page 554 The 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 095-0849 October 2008 Illinois Law Update, Page 504 Effective 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 Cases By Kerry J. Bryson October 2008 Article, Page 528 Despite doubts about their reliability, polygraph exams are required in sex-offense cases. This article discusses the law.
Representation by unlicensed law student without consent or knowledge not deprivation of counsel October 2008 Illinois Law Update, Page 504 On August 5, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County denying defendant's motion to quash arrest and suppress evidence. 
Search of probationer’s computer deemed permissible October 2008 Illinois Law Update, Page 504 On 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 prolonged September 2008 Illinois Law Update, Page 444 On 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.
Correspondence from Our Readers July 2008 Column, Page 330 Sharia law? Voluntary dismissal; confrontation clause; HUD-1 form.st.
Inference permitted to satisfy element of reckless homicide. PA 095-0587 July 2008 Illinois Law Update, Page 340 The Criminal Code of 1961 has been amended by adding subsection (e-10) to Section 9-3 dealing with "Involuntary Manslaughter and Reckless Homicide." 720 ILCS 5/9-3. 
Traffic stop and subsequent Terry search valid when based on non-anonymous tip July 2008 Illinois Law Update, Page 340 On 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 1 By Helen W. Gunnarsson June 2008 LawPulse, Page 278 Thanks 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 convictions June 2008 Illinois Law Update, Page 284 On 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 failed June 2008 Illinois Law Update, Page 284 On 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.
When Hearsay Testimony Is a Nonevent Under the Confrontation Clause By Robert J. Steigmann June 2008 Article, Page 304 An Illinois Appellate Court justice says that a witness who disavows his or her own hearsay statements is not "unavailable" as to those statements.
Driving on Sunday not reasonable suspicion to make traffic stop May 2008 Illinois Law Update, Page 236 On March 4, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the circuit court quashing the arrest of the defendant and suppressing the evidence resulting from that arrest.
Prosecutors on prosecutroial discretion By Helen W. Gunnarsson May 2008 LawPulse, Page 230 Two state's attorneys from opposite ends of illinois discuss their philosophies about deciding whether, and if so how, to prosecute a case. 
Verbal refusal does not control where defendant physically complies with chemical test May 2008 Illinois Law Update, Page 236 On March 7, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of De Kalb County finding that the defendant had not refused to submit to testing to determine the content of alcohol or other drugs in his blood.
No suppression of evidence obtained in violation of Illinois eavesdropping statute April 2008 Illinois Law Update, Page 180 On February 7, 2008, the Illinois Supreme Court affirmed the order of the Circuit Court of Du Page County refusing to suppress evidence obtained in violation of the Illinois eavesdropping statute, 720 ILCS 5/14-2. 
Problem-Solving Courts By Helen W. Gunnarsson April 2008 Article, Page 184 Supporters of drug, mental-health, and other specialty courts say they reduce recidivism and help offenders get control of their lives.
Inference permitted to satisfy mental states for unlawful use of recordings. PA 95-0485 March 2008 Illinois Law Update, Page 124 Sections 16-7 and 16-8 of the Criminal Code of 1961 have been amended. 720 ILCS 5/16-7, 16-8. The Code defines the act and mental states that constitute unlawful use of unidentified sound or audio visual recordings.