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Illinois Bar Journal

 

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Articles on Criminal Law and Procedure

“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. 
The Illinois Criminal and Vehicle Codes are amended to include motor fuel theft - PA 094-700 February 2006 Illinois Law Update, Page 68 Due to Illinois' strong public policy to protect its citizens from the economic effects of motor fuel theft, the Illinois General Assembly has added Article 16J to the Criminal Code of 1961, 720 ILCS 5/Art. 16J, et seq, in order to protect the people "in their health, safety and welfare from the effects of this crime." 
An omission in an indictment is harmless error unless the defendant can prove prejudice February 2006 Illinois Law Update, Page 68 On December 15, 2005, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, affirming the defendant's ten-year prison term for involuntary manslaughter of a family or household member. 
Only the state supreme court has authority to decide between competing interests behind the court’s rules February 2006 Illinois Law Update, Page 68 On December 1, 2005, the Illinois Supreme Court reinstated the defendant's appeal for post-conviction relief and remanded his case to the Illinois Appellate Court, First District. 
Tampering with fire safety system is a Class 4 felony PA 094-707 February 2006 Illinois Law Update, Page 68 Effective June 1, 2006, the Criminal Code of 1961, 720 ILCS 5/16-22 et seq, is amended by adding section 16-22, which makes "tampering with a security, fire, or life safety system" a Class 4 felony. 
Age lowered for tattoos and punishments increased -Pa 09 -06 January 2006 Illinois Law Update, Page 16 The Illinois generally Assembly amended section 12-10 of the Criminal Code of 1961, 720 ILCS 5/12-10 et seq, by lowering the minimum age in subsection (a) required for a person to get a tattoo in Illinois from age 21 to age 18. 
Amendment to the residential burglary statute does not apply retroactively January 2006 Illinois Law Update, Page 16 On october 20, 2005, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, reversing the defendant's burglary conviction. 
Motion for severance to consider victim in sexual assault cases Pa 09 -066 January 2006 Illinois Law Update, Page 16 In order to consider the emotional implications of sexual abuse victims testifying at multiple trials, section 114-8(b) of the Criminal Code of 1963, 725 ILCA 5/114-8, is amended. 
Tough New Dui Laws Take Effect in ’06 By George A.M. Heroux December 2005 Article, Page 636 These new laws, effective January 1, take special aim at drivers responsible for fatalities.
Strict compliance with Supreme Court Rule 605(a) is not mandatory October 2005 Illinois Law Update, Page 506 On August 18, 2005, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, denying the defendant's motion for remand. 
Fees, Part 1: Budgeting required for Capital Litigators By Helen W. Gunnarsson September 2005 LawPulse, Page 438 Appointed criminal defense counsel must now submit budget estimates under the amended Capital Crimes Litigation Act.  
Fees, Part 2: Higher ceilings for court-appointed attorneys? By Helen W. Gunnarsson September 2005 LawPulse, Page 438 Fees, Part 2: Higher ceilings for court-appointed attorneys?
A jury’s determination of first degree murder and a trial court’s imposed sentence are accorded great deference September 2005 Illinois Law Update, Page 446 On June 30, 2005, the Illinois Appellate Court, First District, affirmed the defendant's murder conviction, which he received following a jury trial in the Circuit Court of Cook County.
Retroactivity and Judicial Construction of Criminal Statutes By Larry R. Wells September 2005 Article, Page 474 When a court interprets a statute in favor of a criminal defendant, must that interpretation be applied to events that happened before that case  was decided? Yes, this author opines.
Crawford, Breathalyzer Tests, and the Public-Records Hearsay Exception By Hon. William J. Haddad August 2005 Article, Page 412 May breathalyzer logbook entries still be introduced in Illinois under the public-records exception?
Crawford v Washington and the Limits on Admitting Hearsay in Criminal Trials By John H. Gleason August 2005 Article, Page 408 Crawford limits a judge's discretion to admit hearsay against criminal defendants. Here's a discussion of the case's impact and  unanswered questions.
State may rely solely on pictures as evidence depicting child pornography August 2005 Illinois Law Update, Page 390 On June 3, 2005, the Illinois Supreme Court affirmed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of Ogle County, sentencing the defendant to two years of probation on several counts of possession of child pornography. 
A charge of fleeing or attempting to elude a police officer does not require proof that the officer activated a siren or horn to pull over the defendant July 2005 Illinois Law Update, Page 336 On May 6, 2005, the Illinois Appellate Court, Second District, affirmed in part, vacated in part, and remanded a decision of the Lake County Circuit Court convicting the defendant of various charges relating to his arrest for speeding and possession of illegal substances.
Knowledge mens rea required to prove theft of labor or services June 2005 Illinois Law Update, Page 280 On March 31, 2005, the Illinois Appellate Court, Second District, reversed the judgment, via a jury verdict, of the Circuit Court of Du Page County, convicting the defendant of misdemeanor theft of services. 
Mandatory minimum sentence increased for domestic battery - PA 093-0809 June 2005 Illinois Law Update, Page 280 Effective on January 1, 2005, in addition to any other sentencing alternatives for a second or subsequent conviction for domestic battery, an individual will be automatically sentenced to a minimum of 72 consecutive hours in prison.
Criminal records relating to certain offenses may be sealed PA 093-1084 May 2005 Illinois Law Update, Page 232 The State has authorized the sealing of certain criminal records of adults and of minors who were prosecuted as adults
Failure to argue self-defense as part of litigation strategy does not constitute ineffective assistance of counsel May 2005 Illinois Law Update, Page 232 On March 8, 2005, the Illinois Appellate Court, Fourth District, affirmed the decision of the Circuit Court of Champaign County, convicting the defendants on counts of aggravated battery, resisting a police officer, and obstructing a police officer.
No statutory right to refuse chemical testing for DUI May 2005 Illinois Law Update, Page 232 On February 3, 2005, the Illinois Supreme Court reversed the decisions of both the appellate and circuit courts, which granted the defendant's motion to suppress the results of his blood and urine tests. 
Defense counsel must strictly comply with requirements of SCR 604(d) motion April 2005 Illinois Law Update, Page 170 On February 15, 2005, the Illinois Appellate Court, Second District, reversed and remanded the Circuit Court of Kane County's decision rejecting the defendant's Supreme Court Rule 604(d) motion.
Illinois criminalizes the use of audio-visual recording equipment to tape movies inside movie theaters PA 093-0804 April 2005 Illinois Law Update, Page 170 Effective immediately, any person who knowingly operates an audiovisual recording function on a device where a motion picture is being exhibited, without permission from the owner or lessee of the exhibition facility and of the licensor of the motion picture being exhibited, is guilty of criminal use of a motion picture exhibition facility.
Illinois Supreme Court Criminal 2004: Consensus and Clarification By Evelyn G. Baniewicz April 2005 Article, Page 182 Four-fifths of the court's criminal law decisions were without dissent, and only four were death-penalty appeals.
“Other-crimes” evidence is admissible to show defendant’s intent and lack of mistake April 2005 Illinois Law Update, Page 170 On January 21, 2005, the Illinois Supreme Court found that the circuit court did not abuse its discretion in admitting the evidence in question and upheld the appellate court's affirmance of the convictions.
Sentencing guidelines: mandatory no more By Helen W. Gunnarsson April 2005 LawPulse, Page 162 The U.S. Supreme Court shook up federal criminal practice by ruling in Booker/Fanfanthat sentencing guidelines are advisory only. Not surprisingly, many questions remain.
Correspondence from Our Readers March 2005 Column, Page 106 Search and Seizure and the Illinois Constitution 
Investigators in capital cases may obtain criminal information on potential witnesses PA 093-1011 March 2005 Illinois Law Update, Page 116 Effective January 1, 2005, the State Appellate Defender may hire investigators to provide investigative services to appointed counsel and county public defenders.