How to Admit or Exclude PBT ResultsBy Eric R. WaltmireFebruary 2008Article, Page 92Police 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.
State must establish foundation for admittance of electronic conversation transcriptDecember 2007Illinois Law Update, Page 632On 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.”
Using Videos at Trial: The Big PictureBy Hon. James P. Flannery, Jr.December 2007Article, Page 642What foundation is needed to introduce a video at trial in Illinois? Are videos subject to discovery? The author explores that and more.
Burdens of ProofBy Hon. Ron SpearsNovember 2007Column, Page 604Defining burdens of proof can be hard. But they're easier to understand than to define.
Evidence of settling defendants’ culpability admissible for apportionment of faultNovember 2006Illinois Law Update, Page 584On August 23, 2006, the Illinois Appellate Court, First District, affirmed in part, reversed in part, and remanded for a retrial where the Circuit Court of Cook County held that settling defendants to a personal injury action were not to be considered during the jury's apportionment of fault.
Lack of professional license not a bar to rendering expert opinionAugust 2006Illinois Law Update, Page 404On June 2, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, Second District, reversing and remanding the decision of the Circuit Court of Lake County to strike the affidavit of an expert witness because the witness lacked an Illinois professional license.
Negative inference applicable only to “tip the scales”August 2006Illinois Law Update, Page 404On June 6, 2006, the Illinois Appellate Court, Second District, reversed the decision of the Circuit Court of DuPage County, which had ordered the issuance of a two-year plenary order of protection based upon testimony by respondent's ex-wife stating their daughter returned with a large welt on her leg after spending 11 hours with the respondent.
DNA sampling does not violate the ConstitutionJune 2006Illinois Law Update, Page 284On March 23, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, Second District, holding that evidence admitted against the defendant at trial was properly admitted and that section 5-4-3 of the Unified Code of Corrections, which requires convicted felons to submit DNA samples to the police, does not violate the United States Constitution.
In Defense of Bulger v CTABy Anthony LongoMay 2006Article, Page 254A defense lawyer applauds the Bulger court's finding that evidence of subsequent remedial measures is inadmissible
Trial Lawyers’ Top Opinions of 2005By Hon. James P. Flannery, Jr.March 2006Article, Page 122From pre-trial notice requirements to spoliation of evidence, 2005 produced an array of Illinois cases of special interest to the trial bar.