Illinois Bar Journal

Subject Index Evidence

A Guide to the Confrontation Clause

By Geoffrey Burkhart
June
2013
Article
, Page 304
When does the Sixth Amendment require prosecutors to produce a live witness rather than an out-of-court statement against a defendant? Here's a look at the latest developments.

SCOTUS rules warrantless dog-sniff search of home unconstitutional

By Adam W. Lasker
May
2013
LawPulse
, Page 222
Unlike an earlier decision this term that allowed dog-sniff evidence from a traffic stop, Jardines holds that the dog-sniff search of a front porch requires a warrant.

Admissibility of Dog-Sniff Evidence: Evaluating Probable Cause after Florida v. Harris

By David J. Robinson
April
2013
Article
, Page 194
In Harris, the U.S. Supreme Court held that dog-sniff evidence can be admissible even if prosecutors do not lay a detailed foundation that the dog is well trained.

Developments in the Duty to Preserve Evidence

By Professor Jeffrey A. Parness
March
2013
Column
, Page 152
Two recent cases shed light on spoliation claims in Illinois.

A Primer on Medical Records as Evidence

By Brion Doherty
February
2013
Article
, Page 82
Knowing how and when medical records are admissible in a p.i. trial means understanding the business records hearsay exception.

Tips for Authenticating Social Media Evidence

By Nicholas O. McCann
September
2012
Article
, Page 482
Illinois practitioners should prepare to meet strict authentication requirements until clear rules are established. Here's a look at the cases and advice about how to proceed.

Missing Video Evidence in DUI Cases after People v. Kladis

By Thomas Kantas
May
2012
Article
, Page 250
In Kladis, the Illinois Supreme Court ruled that the state commits a discovery violation if it loses or destroy video evidence in a misdemeanor DUI case. Here's a look at this and related cases.
2 comments (Most recent May 2, 2012)

Offers to pay medical expenses excluded for purposes of showing liability

May
2012
Illinois Law Update
, Page 240
A defendant's offer to pay a plaintiff's medical expenses is inadmissible when offered to prove the defendant's liability for the plaintiff's injuries. According to an Illinois Appellate Court ruling on March 5, 2012, the Illinois Code of Civil Procedure and the more recent adoption of the Illinois Rules of Evidence block the aforementioned evidence.

Hot Button Civil Evidence Issues: The 2011 Allerton Conference

By Jeffrey A. Parness
December
2011
Article
, Page 632
This year's Allerton Conference focused on electronic evidence, spoliation, and other important topics not squarely addressed by Illinois' recent evidence-rules codification.

The bloody truth about DUI testing

By Helen W. Gunnarsson
October
2011
LawPulse
, Page 490
Just because the state has blood test results to use against your DUI client doesn't mean the case is over, a defense lawyer argues.

An aggravated DUI charge based on trace evidence of methamphetamine did not require the state to show that impairment was the proximate cause of the victims’ deaths

July
2011
Illinois Law Update
, Page 336
An appellate court erred when it reversed the conviction of a man convicted at trial of driving under the influence (DUI) even though there was no evidence of a casual link between impairment caused by a trace amount of methamphetamine and a car accident that killed two people. (See LawPulse in the June IBJ for more about Martin.)

Character on Trial

By Hon. Ron Spears
February
2011
Column
, Page 102
Judge Justice and his colleagues express their misgivings about character evidence.

No evidentiary limitations to statements of a minor in a temporary custody hearing

January
2011
Illinois Law Update
, Page 16
On October 21, 2010, the Supreme Court of Illinois held that the evidentiary limitations of section 2-18(4)(c) of the Juvenile Court Act do not apply to the out-of-court statements of a minor in a temporary custody hearing, where such statements relate to allegations of abuse or neglect.

All Hail the Illinois Rules of Evidence

By Helen W. Gunnarsson
December
2010
Cover Story
, Page 620
On January 1, Illinois finally joins the vast majority of states by codifying its rules of evidence. Here are highlights of the new code.
1 comment (Most recent December 3, 2010)

Non-identical Twins: The Illinois and Federal Rules of Evidence

By Professor Jeffrey A. Parness
December
2010
Column
, Page 642
Important differences between the two limit the persuasive power of federal precedents in Illinois.

At long last, the codified Illinois Rules of Evidence

By Helen W. Gunnarsson
November
2010
LawPulse
, Page 558
<

Family law software: not exempt from the rules of evidence

By Helen W. Gunnarsson
August
2010
LawPulse
, Page 394
Make sure you understand how support calculators work before relying on their results, and don't forget to lay a foundation for the report if you seek to enter it into evidence.

Does What Happens on Facebook Stay on Facebook?Discovery, Admissibility, Ethics, and Social Media

By Beth C. Boggs & Misty L. Edwards
July
2010
Article
, Page 366
What are the limits on discovery and admissibility of content gathered on social media sites? This article looks at the emerging case law.

Averett a win for prosecutors

By Helen W. Gunnarsson
June
2010
LawPulse
, Page 286
The Illinois high court rules that it isn't reversible error for a trial court to defer ruling on motions in limine to exclude prior convictions unless defendants testify - and that's bad news for defendants who choose not to testify.

Codifying Illinois’s rules of evidence

By Helen W. Gunnarsson
May
2010
LawPulse
, Page 230
A supreme court committee's proposed organizational scheme, fashioned after the Federal Rules of Evidence, would pull together Illinois' widely scattered evidence rules.

Prior sexual activity or reputation evidence generally not admissible in civil trials. PA 096-0307

May
2010
Illinois Law Update
, Page 236
New amendments to the Code of Civil Procedure clarify that evidence to prove a victim's prior sexual behavior or reputation is generally not admissible in a civil trial. 735 ILCS 5/8-2801.

EEOC complaints: sender’s fax confirmation “strong evidence” of receipt

By Helen W. Gunnarsson
February
2010
LawPulse
, Page 66
The seventh circuit holds that the fax confirmation generated by the sender's machine is strong evidence the EEOC actually received a complaint at a given time and date.

Experts Cannot Testify About the Law - or Can They?

By James W. Springer
February
2010
Article
, Page 98
In theory, experts may not opine about whether a party's actions were legal. Here's how courts have put that principle into practice.

Admissibility of Government Wiretaps after People v Coleman

By David J. Robinson
January
2010
Article
, Page 44
Coleman created an exception to the Illinois eavesdropping statute for joint state and federal investigations. The author criticizes the case and considers its practical implications.

The Discovery Deposition and Disfavored Evidence

By Joanne Hannaway Sweeney & Benjamin J. Wimmer
November
2009
Article
, Page 576
A recent amendment to the Illinois Supreme Court Rules obscures the purpose of the discovery deposition and the range of its uses

Predictions, Probabilities and the Magic 8-Ball

November
2009
Column
, Page 585
Despite the best analysis of the best evidence, predicting human behavior is a risky business.

U.S. Supreme Court: Confrontation Clause requires lab analysts to testify

By Helen W. Gunnarsson
October
2009
LawPulse
, Page 490
<

Strict Liability for Sexual Harassment by Supervisors

By Cynthia H. Hyndman, Robert Margolis, & Aleeza Strubel
September
2009
Article
, Page 454
The Illinois Supreme Court's Sangamon County Sheriff's Department decision subjects employers to strict liability for sexual harassment by their supervisors. So, who is a supervisor?

The Admissibility of Other Misconduct in Civil Cases

By Michael J. Polelle
July
2009
Article
, Page 364
As a rule, character evidence is inadmissible in civil cases even if proved circumstantially. Here are two exceptions to the rule.

Evidence of careful habits has no bearing for the element of proximate cause

July
2009
Illinois Law Update
, Page 336
On April 29, 2009, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County granting summary judgment for the defendants. 

Select a Different Subject