Illinois Bar Journal


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Articles on Sentencing

Defendant who was absent at trial may file for appellate review pursuant to section 115-4.1(g) so long as appeal raises issues of fundamental fairness and due process September 2003 Illinois Law Update, Page 436 On May 20, 2003, the Appellate Court of Illinois, First District, affirmed the order of the Circuit Court of Cook County convicting the defendant of theft by deception and sentencing him in absentia.
Provisions under P. A. 91-0404, imposing mandatory 15- and 20-year sentence enhancements for possession or personal discharge of a firearm in the commission of certain offenses, held unconstitutional September 2003 Illinois Law Update, Page 436 On June 19, 2003, the Illinois Supreme Court held that the provisions under P. A. 91-0404, §5, effective January 1, 2000.
Sentence in excess of maximum for involuntary manslaughter violates Apprendi, but subject to harmless error analysis where uncontradicted evidence in support of sentencing enhancement May 2003 Illinois Law Update, Page 226 On February 6, 2003, the Illinois Supreme Court held that the sentencing court's imposition of an enhanced sentence for involuntary manslaughter based on a judicial finding was harmless error.
Changes to penalties for heroin possession P.A. 92-0698 February 2003 Illinois Law Update, Page 62 Effective July 19, 2002, amendments to the Illinois Controlled Substances Act provide that the illegal manufacture.
Legislation creates offense of sexual conduct or sexual contact with animal and increases potential sentence for defendants who commit criminal offense of aggravated criminal sexual assault with dangerous weapon P.A. 92-0721 February 2003 Illinois Law Update, Page 62 On July 25, 2002, Gov. George H. Ryan signed into law House Bill 4926, which amends the Criminal Code of 1961 to do two separate things.
Multiple-murder sentencing statute violates proportionate penalties clause of Illinois Constitution when juvenile defendant convicted of two counts of first-degree murder based on accountability February 2003 Illinois Law Update, Page 62 On November 21, 2002, the Illinois Supreme Court affirmed the trial court and concluded that, as applied to this juvenile defendant, the multiple-murder sentencing statute violated the proportionate penalties clause in article I, §11 of the Illinois Constitution.
When issuing dispositional order for indefinite time period, trial court must consider whether minor will be detained for period greater than maximum sentence an adult would receive for committing same offense November 2002 Illinois Law Update, Page 584 On July 10, 2002, the Appellate Court of Illinois, Second District, modified the dispositional order entered by the Circuit Court of Winnebago County to reflect that the minor respondent was committed to the Department of Corrections (DOC) for an indeterminate period not to exceed five years.
In a murder case, when the age of the victim is proven beyond a reasonable doubt, the trial judge may consider aggravating factors in determining an appropriate sentence without violating Apprendi August 2002 Illinois Law Update, Page 402 On June 6, 2002, the Illinois Supreme Court upheld the defendant's extended-term sentence imposed by the trial court pursuant to section 5-8-2(a)(1) of the Unified Code of Corrections, 730 ILCS 5/5-8-2(a)(1) (1994).
A criminal defendant’s guilty plea at trial waives all Apprendi-based sentencing challenges on appeal July 2002 Illinois Law Update, Page 344 On April 18, 2002, the Illinois Supreme Court affirmed the decision of the appellate court and affirmed the defendant's extended-term sentence.
A First Response to Apprendi: 2001 Illinois Supreme Court Criminal Law Survey By James H. Reddy May 2002 Article, Page 254 The justices addressed a few issues raised by the U.S. Supreme Court's Apprendi ruling, but many remain.
Legislation turns a misdemeanor battery into a felony aggravated battery when committed in or near a domestic violence shelter P.A. 92-516 March 2002 Illinois Law Update, Page 120 In January, Gov. Ryan signed into law Senate Bill 175, which amended the Criminal Code of 1961 by making a misdemeanor offense of battery a felony offense of aggravated battery when the battery occurs in a building or other structure used to provide shelter or other services to domestic violence victims or the victims' dependent children.
Legislation eliminates sentencing limit for first-time DUI offenses and increases possible sentence for DUI convictions involving bodily harm P.A. 92-420 February 2002 Illinois Law Update, Page 66 In August, legislation amended the Illinois Vehicle Code by eliminating the three-year limit on a prison sentence for a first-time DUI offense.
Legislation makes people with four or more DUI convictions ineligible for probation P.A. 92-183 February 2002 Illinois Law Update, Page 66 In July, new legislation amended the Unified Code of Corrections making drivers who are convicted of a fourth or subsequent DUI offense ineligible for probation.
Law provides guidelines to establish drug courts; P.A. 92-058 November 2001 Illinois Law Update, Page 568 In some Illinois jurisdictions, nonviolent drug offenders have the option of participating in "drug court" rather than going to jail.
Apprendi and Extended-Term Sentencing: When Must the Jury Decide? By David Stevens October 2001 Article, Page 520 A review of the latest Illinois cases, with a focus on consecutive sentences and retroactive application.
91st General Assembly passes, governor signs “quick fix” to sentence-enhancing deficiencies; P.A. 91-0953 April 2001 Illinois Law Update, Page 170 Citing a recent Supreme Court opinion, Illinois criminal defendants have successfully argued for a reduction in court-imposed sentences where the length of sentence was based on certain factors not proven during their trial.
The Lawyer’s Journal By Bonnie C. McGrath April 2001 Column, Page 166 Police can keep suspects out of their own homes; adoption by one spouse only; arbitration clauses and fee agreements; and more.
The Lawyer’s Journal By Bonnie C. McGrath February 2001 Column, Page 56 When does may mean must? When it comes to appealing interlocutory orders
Appeals from Plea Agreements: New Rules Clarify the Law By James G. Fahey November 2000 Article, Page 642 Effective November 1, the Illinois Supreme Court amended Rules 604 and 605 to clear up the confused law of plea-agreement appeals. Read all about it.
The Lawyer’s Journal By Bonnie C. McGrath November 2000 Column, Page 620 A lower burden of proof for consumer fraud? Arbitration-award rejection—can secretaries sign after all? and more.
The Lawyer’s Journal By Bonnie C. McGrath October 2000 Column, Page 560 The illusion of insurance exclusion; lease lacking, landlord loses; OSHA makes house calls; and more.
Lack of Remorse Versus Persistence of Innocence By Hon. Larry S. Vandersnick December 1998 Column, Page 692 Defendants can be sentenced more harshly when they refuse to express remorse -- even for crimes they insist they didn't commit.
The Lawyer’s Journal By Bonnie McGrath December 1998 Column, Page 658 RICO and privacy and fraud (and family law), oh my!