Publications

Illinois Bar Journal

 

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Articles on Criminal Law and Procedure

Searching the passenger compartment of a vehicle is lawful regardless of whether the suspect is arrested on probable cause or on a civil warrant March 2005 Illinois Law Update, Page 116 On December 23, 2004, the Illinois Appellate Court, Fourth District, affirmed the Circuit Court of Adam County's decision denying the defendant's motion to suppress incriminating evidence found in his vehicle during a search incident to his arrest. 
State criminalizes assisting with credit applications when help is contingent on surrendering or placing a child for adoption PA 093-1063 March 2005 Illinois Law Update, Page 116 Effective in June, individuals will not be able to take certain actions that are dependent on a second person taking action with regard to child care arrangements.
Amended insanity defense does not violate the equal protection clause of the Illinois Constitution February 2005 Illinois Law Update, Page 68 On November 19, 2004, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of Du Page County, denying the defendant's motion for a new trial and sentencing him to jail for 45 years.
Recent Miranda Rulings Complicate an Already Complex Standard By Kerry J. Bryson February 2005 Article, Page 76 Last year, the US. and Illinois Supreme Courts issued Miranda opinions – and the issue remains as confusing as ever.
More individuals protected from potential harassment by criminal defendants PA 093-0818 January 2005 Illinois Law Update, Page 14 The Criminal Code has been amended to protect additional individuals from harassment when they are or were expected to testify in a legal proceeding. 
Testimony that could be reasonably accepted by a trial court should not be rejected January 2005 Illinois Law Update, Page 14 On October 7, 2004, the Illinois Supreme Court overturned the appellate court's reversal of the circuit court's conviction. 
Appointed counsel can withdraw from post conviction proceedings for lack of meritorious issues December 2004 Illinois Law Update, Page 620 On September 23, 2004, the Illinois Supreme Court affirmed the judgments of the appellate and circuit courts which granted counsel's motion to withdraw. 
Capital Punishment Reform and the Illinois Supreme Court: at the Forefront of Change By Judge Michael P. Toomin December 2004 Article, Page 642 The supreme court had already implemented some of the reforms later recommended by the Ryan commission, this author notes.
Probation in combination with imprisonment deemed acceptable punishment for offenders admitted into a drug court program P.A. 093-1014 December 2004 Illinois Law Update, Page 620 In an effort to advance both the rehabilitation of criminal offenders and public protection, the Illinois Unified Code of Corrections (IUCC) has been amended to assert that a term of imprisonment in combination.
Filmmaker charged under eavesdropping statute By Helen W. Gunnarsson November 2004 LawPulse, Page 562 A filmmaker who taped police without their consent is charged under the Illinois Eavesdropping Statute.
A plea agreement cannot be rejected for lack of timeliness unless the defendant has been given advance notice of a deadline November 2004 Illinois Law Update, Page 568 On August 11, 2004, the Illinois Appellate Court, Fourth District, reversed the Circuit Court of Champaign County's conviction and sentence and remanded the case for further proceedings.
Criminal street gang recruitment on school grounds is a Class 1 felony P.A. 093-0938 October 2004 Illinois Law Update, Page 514 Criminal street gang recruitment on school grounds or on public property adjacent to school grounds is a Class 1 felony. 
Evidence that reveals a victim’s “prior sexual activity” is rendered inadmissible by the rape shield statute September 2004 Illinois Law Update, Page 456 On June 24, 2004, the Illinois Supreme Court reversed an order of the appellate court and affirmed the circuit court's finding that evidence sought to be introduced by the defendant was barred by the rape shield statute.
Revisions Made Regarding Custodial Interviewing and Death Penalty Sentencing P.A. 93-0605 July 2004 Illinois Law Update, Page 340 Effective immediately, a pilot program requiring the recording of custodial interviews of suspects will be established in four police stations in the State of Illinois.
New Laws Criminalize Possession of Materials Used to Make Identification Cards P.A. 93-0667 June 2004 Illinois Law Update, Page 292 Effective immediately, it is a violation of the Illinois Identification Card Act to possess, use, or allow to be used any materials, hardware, or software specifically designed for or primarily used in the manufacture, assembly, issuance, or authentication of an official Illinois Identification Card or Illinois Disabled Person Identification Card issued by the Secretary of State.
Procedures Outlined for Criminal Justice Board June 2004 Illinois Law Update, Page 292 On March 12, 2004, the Illinois Criminal Justice Information Authority implemented new regulations at 2 Ill. Adm. Code 1760 to outline procedures for the Illinois Integrated Justice Information System Implementation Board.
Defendant’s conviction for armed robbery upheld based on limited circumstantial evidence regarding the presence of a weapon: a thin cut on victim’s throat and victim’s “confused” testimony May 2004 Illinois Law Update, Page 242 On February 5, 2004, the Appellate Court of Illinois, Third District, affirmed the conviction of the defendant for armed robbery in the Circuit Court of Kankakee County. 
No police “eavesdropping” on sexual predators; even in cyberspace? By Helen W. Gunnarsson May 2004 LawPulse, Page 236 The Illinois eavesdropping statute's prohibition against taping with only one party's consent hampers legitimate law enforcement, a legal scholar opines.
2003 Illinois Supreme Court Criminal Cases: Traffic Stops and Apprendi Retroactivity By Evelyn G. Baniewicz April 2004 Article, Page 190 A look at the leading criminal law decisions from the 2003 term
Capital Punishment Reform; What’s Been Done and What Remains to Be Done By Thomas P. Sullivan April 2004 Article, Page 200 A summary of changes wrought by Illinois' capital punishment reform legislation.
Unlawful entry is an “authorized act” by a peace officer within the meaning of the municipal ordinance of resisting or obstructing a peace officer April 2004 Illinois Law Update, Page 176 On January 21, 2004, the Appellate Court of Illinois, Fourth District, affirmed the judgment of the Circuit Court of Champaign County convicting the defendant of resisting or obstructing a peace officer. 
Trial court erred in ordering restitution based on a charge that was dismissed as part of plea agreement. March 2004 Illinois Law Update, Page 124 On December 30, 2003, the Appellate Court of Illinois, Second District, vacated the order of the trial court ordering the defendant to pay restitution based on a criminal damage to property charge that was dismissed as a part of her plea agreement on other charges.
Demystifying the USA PATRIOT Act By William F. Zieske February 2004 Article, Page 82 Have you wondered what this massive, controversial Act is really all about? Here's a summary and review.
Offenders May Participate in State’s Attorney’s Bad Check Diversion Programs as an Alternative to Prosecution; P.A. 093-0394 February 2004 Illinois Law Update, Page 70 State's attorneys may create bad check diversion programs within their offices, which would allow qualified offenders to participate in the program instead of being prosecuted for the offense. 
Post-Conviction Petitions Limited Unless Certain Extenuating Circumstances Can be Shown P.A. 093-0493 February 2004 Illinois Law Update, Page 70 Effective the first of the year, an inmate cannot file more than one post-conviction petition in the trial court, under 725 ILCS 5/122-1, without leave of court.
Trial courts have no obligation to sua sponte issue an involuntary manslaughter instruction February 2004 Illinois Law Update, Page 70 On November 20, 2003, the Illinois Supreme Court reversed the judgment of the appellate court that found that the trial court had abused its discretion when it failed to sua sponteissue an involuntary manslaughter instruction to the jury. 
Voice Stress Analyzer a Permissible Method of Deception Detection P.A. 93-0619 February 2004 Illinois Law Update, Page 70 The Detection of Deception Examiners Act was recently amended to clarify that the Act does not prohibit the use of a voice stress analyzer by any trained.
Aggravated battery cannot be the predicate offense for felony murder. January 2004 Illinois Law Update, Page 16 On October 17, 2003, the Illinois Supreme Court reversed in part, affirmed in part, and remanded the appellate court's decision to overturn the defendant's conviction of felony murder because it was improperly predicated upon aggravated battery.
Corporate Officials to be Held Criminally Responsible for Misconduct P.A. 93-0496 December 2003 Illinois Law Update, Page 600 Effective January 1, 2004, the Criminal Code is amended to hold those responsible for corporate misconduct criminally accountable.
Offense elements must be identical for a proportionate penalties clause challenge to succeed December 2003 Illinois Law Update, Page 600 On September 18, 2003, the Illinois Supreme Court reversed the portion of the appellate court's decision that vacated the defendant's extended-term sentence.