Publications

Articles on Criminal Law and Procedure

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. 

Admission of detective’s testimony did not violate the Confrontation Clause

February
2008
Illinois Law Update
Page 72
On November 30, 2007, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County sentencing the defendant to 85 years for first degree murder and home invasion.

Adult DUI offenders who transport minors - what is the law?

By Helen W. Gunnarsson
February
2008
LawPulse
Page 66
A recent Journal article inspires a debate about whether the statute it discussed is still in effect and a call for the legislature to clear up the confusion.

Duration of registration for Sex Offenders and Violent Offenders against Youth amended. PA 095-0169

February
2008
Illinois Law Update
Page 72
The Illinois General Assembly mandates that the Illinois State Police maintain a statewide Sex Offender Database (730 ILCS 152/115 (a)-(b)) and Child Murderer and Violent Offender Against Youth Database ((730 ILCS 154/85 (a)-(b)). 

How to Admit or Exclude PBT Results

By Eric R. Waltmire
February
2008
Article
Page 92
Police sometimes administer preliminary breath tests to drivers stopped on suspicion of DUI. When and how are the results admissible in a hearing? Here's a look at the cases.

No withdrawal allowed for a “blind plea”

January
2008
Illinois Law Update
Page 16
On October 26, 2007, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Will County sentencing the defendant to 22 years for pleading guilty to two counts of first degree murder.

Police Interrogation of Motorists at Traffic Stops

By Bruce L. Carmen
January
2008
Article
Page 44
The Fourth Amendment prohibits police from turning routine traffic stops into investigations of other criminal activity.

Search valid with consent of co-tenant even where other co-tenant is home but asleep

December
2007
Illinois Law Update
Page 632
On October 9, 2007, the Illinois Appellate Court, First District, reversed the ruling of the Circuit Court of Cook County granting the defendant’s motion to suppress evidence obtained pursuant to an illegal search of defendant’s home.

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