Illinois Bar Journal

Articles on Criminal Law and Procedure

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
Cover Story
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.

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