In 2016, the Illinois Supreme Court held that unconstitutionally obtained gun convictions could be used for charging and enhancement purposes unless the defendant vacated the conviction. Two years later, the court admitted it got it wrong.
Under current law, prosecution for criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse must be commenced within 10 years of the commission of the offense if the victim reported the offense within three years of the commission.
The Illinois General Assembly amended the Code of Criminal Procedure of 1963 to alter the procedures for effecting a warrant of arrest in certain circumstances.
On May 29, 2019, the First District Appellate Court of Illinois held a criminal defendant was not “armed” within the meaning of the armed-violence statue when a gun was located on a couch approximately 15 feet away from the defendant.
On March 21, 2019, the Illinois Supreme Court found that section 25(b)(2) of the Drug Dealer Liability Act violates substantive due process under the Illinois and U.S. constitutions.
On March 21, 2019, the Illinois Supreme Court held that only weapons that can be licensed under the Firearm Concealed Carry Act are meant to be excluded from the reach of the unlawful use of weapons statute and that weapons outside its reach are protected by the Second Amendment.
In 2008, the Illinois Supreme Court reversed the conviction of the plaintiff, Alan Beaman, of the murder of his ex-girlfriend because the state violated his constitutional right to due process under Brady v. Maryland when it failed to disclose material and exculpatory information about a viable alternative suspect.
On Dec. 14, 2018, after a jury trial, the defendant was convicted for the unlawful possession of a controlled substance with intent to deliver. It was also alleged that the defendant was within 1,000 feet of a school at the time of the offense.
On Dec. 28, 2018, after a jury trial, the defendant was convicted for the unlawful possession of a weapon by a felon. In addition, the defendant was acquitted of unlawful possession of a controlled substance with intent to deliver.
On Dec. 28, 2018, after a jury trial, the defendant was convicted for a Class 2 felony for delivery of a controlled substance and ordered to pay $1,549 in fines, fees, and costs.
Recent decisions in the U.S. and Illinois Supreme Courts have complicated the landscape for ineffective-assistance-of-counsel claims brought in Illinois.
The Code of Criminal Procedure of 1963 is amended by changing section 115-21 ("Informant Testimony") as follows. Courts may permit the prosecution to disclose its intent to introduce the testimony of an informant with less notice than the 30-day notice required under subsections (c) and (d) of this section, if the court finds that the informant was not known prior to the 30-day notice period.
The defendant pled guilty to aggravated unlawful possession of a stolen motor vehicle, unlawful possession of a stolen motor vehicle, and four counts of unlawful use of a credit card. The defendant's postplea proceedings in circuit court were completed more than a year before Rule 604(d) was amended. Thus, amended Rule 604(d) did not apply then to the defendant's case.
Following a bench trial, the defendant was convicted of battery and other offenses related to a DUI stop. A squad-car video was presented as evidence, but the judge had to view it in chambers because the court did not have video capabilities in the courtroom.
On Sept. 28, 2018, the First District Appellate Court of Illinois held that a defendant raising a freestanding actual innocence challenge after previously entering a guilty plea must present a truly persuasive demonstration of innocence in the form of compelling evidence.
Nervousness, a criminal history, and other odd behavior are not enough to create a reasonable suspicion of criminal activity during a traffic stop, according to the fourth district.
On Aug. 6, 2018, the Fourth District Appellate Court of Illinois held that the one-act, one-crime doctrine is not violated when each count requires a different act.
The Illinois Appellate Court ruled that a trial court failed to ask follow-up questions after a defendant made a claim of ineffective assistance of counsel. Additionally, pepper spray used on a store clerk is a "dangerous weapon" within the meaning of the armed robbery statute.
In July 2014, defendant Darren Johnson was arrested for shoplifting $76.91 worth of clothing from a local Wal-Mart. The state charged the defendant with retail theft and burglary.
The Illinois Vehicle Code is amended to allow the court to give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
The Code of Criminal Procedure of 1963 is amended by changing section 122-1 (725 ILCS 5/122-1) to allow for petitions in the trial court for those imprisoned that can establish their participation in a felony was a direct result of post-partum depression or psychosis, or if no direct evidence of these mental states was presented at trial or sentencing.
In Utah v. Strieff, the police stopped a suspect illegally but discovered there was a warrant for his arrest. The U.S. Supreme Court ruled that evidence found during the subsequent search was admissible despite the illegal stop thanks to the discovery of the warrant. This article reviews the implications of Strieff for prosecutors and defense lawyers.
The court found that the State's due diligence requirement for a 60-day extension of the speedy trial statute provision of 725 ILCS 5/103-5(c) (2014) was not satisfied where a trial was delayed for almost two years by the prosecution's inability to bring the state trooper to court.
