Publications

Articles on Criminal Law and Procedure

State must establish foundation for admittance of electronic conversation transcript

December
2007
Illinois Law Update
Page 632
On September 28, 2007, the Illinois Appellate Court, First District, reversed and remanded for new trial the judgment of the Circuit Court of Cook County convicting the defendant of indecent solicitation of a child because the State did “nothing to establish a foundation for the admissibility of the transcripts as evidence.” 

Definition of neglected child expanded. PA 095-0443

November
2007
Illinois Law Update
Page 576
The Illinois General Assembly has amended Section 3 of the Abused and Neglected Child Reporting Act. 325 ILCS 5/3. 

Extraterritorial arrest valid when officer does not resort to powers of his office

November
2007
Illinois Law Update
Page 576
On August 24, 2007, the Illinois Appellate Court, Fifth District, upheld the judgment of the Circuit Court of Williamson County denying the defendant's motion to suppress all evidence seized during his arrest.

No conflict of interest in representing codefendant

November
2007
Illinois Law Update
Page 576
On September 12, 2007, the Illinois Appellate Court, Third District, affirmed the theft conviction of Janet Turner in the Circuit Court of Knox County. 

No Supervision for Adult DUI Offenders Who Transport Minors?

By Ralph Strathmann
November
2007
Article
Page 596
A statute requiring prison time instead of court supervision for adult first-time DUI offenders who were transporting minors conflicts with existing law, this author argues.

Davis v Washington Narrows the Scope of “Testimonial” Hearsay

By Howard W. Anderson III
October
2007
Article
Page 546
Prosecutors can't introduce "testimonial" hearsay unless the defendant had a chance to cross-examine the unavailable declarant. Davis tells us when a statement is not "testimonial."

New law expands video appearances by prisoners

By Helen W. Gunnarsson
October
2007
LawPulse
Page 510
Public defenders opposed the law's passage, arguing that it gives inmates second-class justice.

Vehicle search incident to arrest justified even when arrest is made outside of vehicle

October
2007
Illinois Law Update
Page 516
On August 9, 2007, the Illinois Appellate Court, Third District, reversed the decision of the Circuit Court of Will County granting the defendant's motion to suppress evidence found in the defendant's vehicle.  

“Sex Offenders” but No Sex Crime?

By Marion Buckley and J. Michael True
September
2007
Article
Page 482
Under the original law, some people who didn't commit sex crimes had to register as "sex offenders." The legislature addressed the issue last year with a new law that creates its own problems.

2007 Spring Session Roundup

By Jim Covington
August
2007
Column
Page 408
Highlights of this year's legislative session.

New DUI bill replaces JDPs with “monitoring device driving permits”

By Helen W. Gunnarsson
August
2007
LawPulse
Page 398
A major overhaul of DUI law doubles the summary-suspension period and requires offenders to submit to alcohol monitoring devices in return for driving permits. Critics charge that it will produce unintended consequences, including fewer guilty pleas.

Using CFEs and Motions to Compel Disclosure in White-Collar Criminal Defense

By Frank S. Perri
August
2007
Article
Page 432
Expert help and skillful motion drafting can help defense counsel respond to prosecution "document dumping" in complex criminal fraud cases..

Identity theft law applies to undocumented immigrant’s purchase of social security card

July
2007
Illinois Law Update
Page 348
On May 9, 2007, the Illinois Appellate Court, Second District, affirmed the order of the Circuit Court of Winnebago County, finding the defendant guilty of two counts of identity theft and sentencing her to 30 months probation, 100 hours of public service, and a $500 fine.

The Naked Truth: Fourth Amendment Lessons from the Supreme Court

By Kerry J. Bryson
July
2007
Article
Page 360
A review of recent home-search cases from the U.S. Supreme Court, including the Rettele "naked search" case from May.

Challenging Summary Suspension When A Defendant’s License is Suspended, Revoked, or Expired

By Hon. Charles P. Burns and Jeff Chan
May
2007
Article
Page 262
Do these defendants have standing to challenge a summary suspension?

Incarceration due to forced confessions excluded from criminal and civil time limitations -PA 094-1113

May
2007
Illinois Law Update
Page 236
In order to protect the rights of the criminally accused, the Illinois General Assembly amended the Criminal Code of 1961 (Code), 720 ILCS 5/1 et seq, to provide penalties for confessions given under duress. 

Pleading guilty online

By Helen W. Gunnarsson
May
2007
LawPulse
Page 230
New supreme court standards allow defendants in small traffic cases to plead guilty and pay up without a trip to the courthouse.

Challenging the Constitutionality of the Illinois Consecutive Sentencing Statute

By Patrick Gallagher
February
2007
Article
Page 96
The author argues that the Illinois consecutive sentencing statute violates the Sixth Amendment by allowing judges rather than jurors to make findings of fact that increase a defendant's punishment.

Identity theft laws now offer increased protection - PA 094-1008

February
2007
Illinois Law Update
Page 72
Due to the increasing instances of identity theft, the Illinois legislature has amended several sections of the Illinois Criminal Code (Code). 

Criminal defendants must be informed of right to counsel, Campbell says

By Helen W. Gunnarsson
January
2007
LawPulse
Page 8
A defendant's waiver of right to counsel was ineffective because the trial judge didn't inform him of the nature of the charges, the range of penalties, or his right to a lawyer.

A pro-prosecution definition of “delay” under the Speedy Trial Act

By Helen W. Gunnarsson
January
2007
LawPulse
Page 8
Even some respected defense attorneys agree that the ruling will end form-over-substance gamesmanship.

Safe Homes Act created to help reduce domestic violence- PA094-1038

December
2006
Illinois Law Update
Page 650
The Illinois General Assembly passed the Safe Homes Act (Act) in an effort to reduce domestic violence by improving the ability of tenant victims and their families to escape "domestic violence, dating violence, sexual assault, and stalking."

Impersonating a military hero is a crime : PA 094-0755

July
2006
Illinois Law Update
Page 334
Out of respect for those in the military, the Illinois General Assembly amended section 17-2 of the Criminal Code of 1961 (Code), by adding subsection (a-6). 720 ILCS 5/17-2(a-6). 

Police departments typically not “victims” under restitution statute

July
2006
Illinois Law Update
Page 334
On April 6, 2006, the Illinois Appellate Court, Second District, affirmed in part and vacated in part the decision of the Circuit Court of DuPage County to order defendant Danenberger to pay restitution to the Naperville Police Department (Department) as a condition of her probation for filing a false police report. 

False personation of peace officer while carrying a weapon now a felony PA 094-0730

June
2006
Illinois Law Update
Page 284
Effective April 17, 2006, the Criminal Code of 1961, 720 ILCS 5/1-1 et seq, was amended to expand the statutory restriction on the unlawful use of weapons. 

The Illinois Post-Conviction Hearing Act Revisited

By Kerry J. Bryson
June
2006
Article
Page 310
A review of recent statutory amendments to and supreme court decisions interpreting the Act.

Court Supervision in Traffic Cases: New Strategies for Amended Laws

By Theodore J. Harvatin
April
2006
Article
Page 192
What impact does supervision really have on your clients, especially commercial drivers? Make sure you're up to date.

Adding conditions to plea agreement after it is negotiated may violate defendant’s due process rights

March
2006
Illinois Law Update
Page 118
On December 20, 2005, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, First District, and vacated the sentence imposed by the Circuit Court of Cook County on the defendant.

The Duty to Disclose Exculpatory Evidence Discovered After Trial

By Brendan Max
March
2006
Article
Page 138
The author argues that such a duty exists based on the U.S. Supreme Court's Brady case and Illinois discovery and ethics rules

“Family or household member” classification in domestic battery proceedings may require extended cohabitation

March
2006
Illinois Law Update
Page 118
On December 22, 2005, the Illinois Appellate Court, Second District, modified a decision of the Circuit Court of DuPage County, which convicted the defendant of two counts of domestic battery. 

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