Subject Index Evidence

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.

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.

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.

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.

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.

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.

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.

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.

On August 23, 2002, the Appellate Court of Illinois, First District, concluded that the plaintiff's suit alleging spoliation of evidence was barred by the doctrines of res judicata and collateral estoppel.

On February 22, 2002, the Illinois Supreme Court affirmed the appellate court and held that a verdict in favor of plaintiffs and against a utility for toxic poisoning from exposure to coal tar resulting in children suffering from neuroblastoma was not subject to reversal.

Legislation signed by Gov. Ryan in January amends the Sexual Assault Survivors Emergency Treatment Act to authorize sexual assault nurse examiners to perform examinations of sexual assault victims using a State Police Evidence Collection Kit (SPECK).

On September 12, 2001, the Appellate Court of Illinois, Third District, held that before the trial court can admit "novel scientific testimony," the proponent of the evidence must prove the reliability and general acceptability of the scientist's methods.

When Gov. Ryan signed P.A. 91-871 (governing evidence retention) in June of 2000, he expressed concerns with a number of provisions in the law including overbroad application to all physical evidence, arbitrary time limits for retention of evidence and unclear guidelines for the court in granting requests for early disposition of evidence.

Gov. Ryan recently signed legislation expanding the hearsay exception for incapacitated seniors.