Publications

Articles on Evidence

Admissibility of Damage Photos Without an Expert in Illinois

By Hon. William J. Haddad
November
2006
Article
Page 606
Admission of damage photos may no longer be automatic, this author opines.

Evidence of settling defendants’ culpability admissible for apportionment of fault

November
2006
Illinois Law Update
Page 584
On 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.

Expanding the Use of Medical Treatises in Illinois Trials

By Terrence J. Lavin and Michelle L. Wolf
August
2006
Article
Page 426
The authors argue that following the federal approach would produce a better-informed jury.

Lack of professional license not a bar to rendering expert opinion

August
2006
Illinois Law Update
Page 404
On 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
2006
Illinois Law Update
Page 404
On 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.

When the doctor is the patient - and a med-mal defendant

By Helen W. Gunnarsson
August
2006
LawPulse
Page 398
Should a defendant-doctor's medical records be available to a plaintiff who alleges that the doctor's poor health caused him to deliver substandard care?

DNA sampling does not violate the Constitution

June
2006
Illinois Law Update
Page 284
On 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 CTA

By Anthony Longo
May
2006
Article
Page 254
A defense lawyer applauds the Bulger court's finding that evidence of subsequent remedial measures is inadmissible

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

Trial Lawyers’ Top Opinions of 2005

By Hon. James P. Flannery Jr.
March
2006
Article
Page 122
From pre-trial notice requirements to spoliation of evidence, 2005 produced an array of Illinois cases of special interest to the trial bar.

The New Illinois Standard for Admissibility of Expert Opinion Testimony

By Justin Lee Heather
February
2006
Article
Page 88
The court in Simons created a dual standard: de novo review of the Frye "general acceptance" test, more deferential treatment of the trial court's decision about relevance and experts' qualifications.

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.

Spoliation of Evidence: Responding to Fire Scene Destruction

By Gerald O. Sweeney Jr. and P. Russell Perdew
July
2005
Article
Page 358
A look at the discovery, motion practice, and trial techniques defendants can use in response to destruction of a fire scene.

“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.

Revisiting Bulger v CTA: the Case for Admitting Transportation Company Investigation Results

By Jeffrey K. Kroll and J. Ryan Potts
April
2004
Article
Page 210
The authors argue that a transporation company's investigation report should be admissible at trial.

Life after “Same Part of the Body”: An Update on Admissibility of Prior Injuries

By Joseph G. Feehan
March
2004
Article
Page 146
A review of recent case law governing admissibility of prior and subsequent medical conditions in injury cases.

Companies in violation of environmental protection standards cannot procure state business and are subject to more difficult requirements for permits P.A. 093-0575

January
2004
Illinois Law Update
Page 16
An amendment to the Illinois Procurement Code, effective January 1, 2004, provides that no person or business who was found to have willfully or knowingly violated §42 of the Environmental Protection Act.

Evidence obtained in traffic stop that was based upon an anonymous tipper who overheard cellular phone conversation on police scanner not obtained illegally and should not have been suppressed

September
2003
Illinois Law Update
Page 436
On June 19, 2003, the Illinois Supreme Court held that the evidence obtained in a traffic stop that was based upon an anonymous tipper who overheard a cellular phone conversation on a police scanner was not obtained in violation of the Illinois eavesdropping statute, federal wiretapping statutes, or constitutional protections against unreasonable searches and seizures.

Evidence admissible under eavesdropping statute if defendant acquiesced to monitoring; state’s use of glass-comparison evidence did not constitute plain error

July
2003
Illinois Law Update
Page 332
On April 17, 2003, the Illinois Supreme Court upheld the defendant's conviction of murder in the first degree and of unlawful possession of a stolen or converted motor vehicle.

Expert witness testimony on eyewitness identification must be properly excluded on case-by-case basis; line-up photos marked by eyewitnesses allowed into jury deliberations

July
2003
Illinois Law Update
Page 332
On March 31, 2003, the Appellate Court of Illinois, First District, affirmed the judgment of the circuit court of Cook County convicting the defendant of first-degree murder and sentencing him to 35 years in prison.

Search and Seizure of E-Evidence in Illinois: Cybercrime and the Internet Frontier

By Rachel J. Hess
July
2003
Article
Page 344
A review of the search-and-seizure issues that arise in the investigation of Internet crimes.

Trial court may not tax as costs the professional fee charged by nonparty treating physician for attendance at evidence deposition

July
2003
Illinois Law Update
Page 332
On April 17, 2003, the Illinois Supreme Court held that a trial court may not tax as costs the professional fee charged by a nonparty treating physician for his participation in an evidence deposition.

Retaliatory discharge protection extends to employees testifying in other employees’ workers’ compensation actions; scope of employment approach proper test for hearsay

June
2003
Illinois Law Update
Page 280
On March 25, 2003, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County granting summary judgment for the defendant corporation.

Judge who appeared on behalf of state in defendant’s prior prosecution erred by not recusing himself from proceeding; defendant entitled to Frye hearing where scientific evidence to be introduced against him

May
2003
Illinois Law Update
Page 226
On February 21, 2003, the Appellate Court of Illinois, Third District, reversed the order of the Circuit Court of Iroquois County committing the defendant to the Department of Human Services for institutional care.

Admitting Other-Crimes Evidence: A Call for Change

By Brendan Max
March
2003
Article
Page 132
When can; and should; evidence that the defendant committed other crimes be admitted to help establish guilt of the crime charged?

Should Criminal Defendants be Required to Produce Handwriting Exemplars?

By David G. Duggan
February
2003
Article
Page 86
No, this author says.

Donaldson v CIPS: The Death Knell for Daubert in Illinois?

By Stephen A. Wood
January
2003
Article
Page 26
In Donaldson, the Illinois Supreme Court embraced the Frye standard for admitting scientific evidence and passed on Daubert. Here's a review.

Using Polygraph Results to Decide “Good Faith Denial of Coverage” Cases

By James E. DeFranco
January
2003
Article
Page 32
The author argues that polygraph results should not be admissible to establish whether an insurer did or didn't act in good faith.

Expert testimony on airbag sensor system admissible if supported by proper foundation

November
2002
Illinois Law Update
Page 584
On July 29, 2002, the Appellate Court of Illinois, Fourth District, affirmed the decision of the Circuit Court of Woodford County in this product liability case.

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