Publications

Articles From 2003

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Does People v Morgan Invite Wrongful Convictions?

By Larry R. Wells
June
2003
Article
Page 307
The author argues that the Morgan one-good-count rule turns any general guilty verdict into a potential due-process violation.

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.

Double jeopardy does not bar second county from prosecuting defendant for different offense relating to same conduct underlying prior conviction

April
2003
Illinois Law Update
Page 168
On January 15, 2003, the Appellate Court of Illinois, Fourth District, affirmed the order of the circuit court of Champaign County denying the defendant's motion to dismiss four of five counts of an indictment on grounds of double jeopardy.

E-Mail Gone Awry

By Maureen B. Collins and Brian O’Donoghue
August
2003
Column
Page 413
What can you do when client information ends up in the wrong hands because of a misdirected e-mail? Here are a few tips that just might help lessen the damage.

The Electronic Courthouse in Illinois: Filing, Service, Access, and Privacy

By William F. Zieske
August
2003
Article
Page 396
A review of Illinois-based e-courthouse initiatives.

Eligibility for admission to veterans homes expanded

January
2003
Illinois Law Update
Page 14
The Illinois Department of Veterans' Affairs has amended 95 Ill Adm Code 107 to include former members of the National Guard or Reserve Forces of the United States among those eligible for admission into an Illinois Veterans Home.

Employees Entitled to Take Leave Due to Domestic or Sexual Violence P.A. 93-0591

December
2003
Illinois Law Update
Page 600
An employee who is a victim of domestic or sexual violence, or has a family or household member who is a victim, may take 12 weeks per year of unpaid leave from work to address domestic or sexual violence issues, pursuant to the Victims' Economic Security and Safety Act.

Enforcement in place for Uniform Disposition of Unclaimed Property Act

August
2003
Illinois Law Update
Page 384
The Illinois State Treasurer and the Office of Banks and Real Estate have promulgated joint regulations related to the Uniform Disposition of Unclaimed Property Act (765 ILCS 1025).

Estate Planning for Twenty-First Century Families

By Janet L. Grove
December
2003
Article
Page 631
In this age of blended families and test-tube babies, the familiar estate-planning boilerplate needs revision.

Ethics Board established under Gift Ban Act

January
2003
Illinois Law Update
Page 14
The Illinois Office of the Comptroller added a provision under 2 Ill Adm Code 626, establishing an Ethics Commission (commission) under the Illinois Gift Ban Act (5 ILCS 425).

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.

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.

The Exception Makes the Rule: Liens on Workers’ Comp Claims

By Michael S. Feist
December
2003
Article
Page 627
The rule is that workers' comp claims aren't subject to liens. The exceptions are many.

Exception under Consumer Fraud Act for misleading statements inapplicable to realtors; amended complaint sufficiently pled claim of negligent misrepresentation, violations of Consumer Fraud Act, Real Estate License Act

July
2003
Illinois Law Update
Page 332
On April 15, 2003, the Appellate Court of Illinois, Second District, affirmed in part and reversed and remanded in part the order of the circuit court of DuPage County dismissing the plaintiff's amended complaint with prejudice.

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.

Expungement of Juvenile Records

By Terence M. Madsen
October
2003
Article
Page 523
How to help your juvenile-offender client wipe the slate clean.

Felons Convicted Under Sarbanes-Oxley Act Barred from Bidding on Government Contracts P.A. 93-0600

November
2003
Illinois Law Update
Page 550
The Illinois Procurement Code was recently amended to prohibit any businesses whose officer, director, partner or managerial agent has been convicted of a felony under the Sarbanes-Oxley Act of 2003.

A Few Good Mentors

By Terrence J. Lavin
August
2003
Column
Page 372
Behind every accomplished lawyer is a great mentor. I had Phil Corboy, who was mentored by Jim Dooley.

Fine schedule under village ordinance for parking and vehicle regulations, assessing late fees prior to hearing on merits of violation, a violation of due process

March
2003
Illinois Law Update
Page 116
On December 13, 2002, the Appellate Court of Illinois, First District, reversed the order of the Circuit Court of Cook County and held that a village of Midlothian ordinance violated the due process clauses of the United States and Illinois Constitutions.

First Drafts Made Easy

By T. Evan Schaeffer
June
2003
Column
Page 311
Using these six tips makes writing first drafts fun. Well, almost.

First steps toward e-filing in Illinois

By Helen W. Gunnarsson
January
2003
LawPulse
Page 8
The Illinois Supreme Court has set the ground rules for a pilot e-filing project in the circuit courts.

For whom the statute tolls

By Helen W. Gunnarsson
July
2003
LawPulse
Page 326
When does a statute of limitations begin to run for a cause of action held by a deceased minor? Surprisingly, Illinois courts of review have never answered the question.

Former tenant stated causes of action for interest on security deposit and breach of contract despite a provision in the residential lease that purported to waive the tenant’s right to interest.

November
2003
Illinois Law Update
Page 550
On September 10, 2003, the Appellate Court of Illinois, Fifth District, reversed the order of the Circuit Court of Jackson County dismissing the plaintiff's interest on security deposit and breach of contract counts and remanded the cause for further proceedings.

Found Treasure: A Primer on Unclaimed Property in Illinois

By Joshua A. Joyce and Hugh F. Drake
August
2003
Article
Page 409
Is your client entitled to, or holding, unclaimed property? Here's a review of the Uniform Disposition of Unclaimed Property Act.

Free on the ‘Net: FindLaw, LexisONE and More

By Phill Johnson
November
2003
Column
Page 579
West Group and LexisNexis both offer free online research services that, while much more modest than Lexis and Westlaw, are well worth visiting.

Funding procedure for Alternative Learning Opportunities Programs clarified

September
2003
Illinois Law Update
Page 436
The Illinois State Board of Education recently adopted an amendment to 23 Ill Adm Code 240, governing Alternative Learning Opportunities Programs (ALOPs).

Gov. Blagojevich signs Equal Pay Act into law P.A. 93-0006

July
2003
Illinois Law Update
Page 332
On Mother's Day, Gov. Rod Blagojevich signed into law the Illinois Equal Pay Act.

Governor signs legislation to assist military families P.A. 92-0886

April
2003
Illinois Law Update
Page 168
Gov. Blagojevich recently signed legislation that would provide relief to the families of Guard members and reservists who face increased financial burdens when a wage-earner is called up for duty.

Governor signs six-bill package addressing Illinois criminal justice system P.A. 93-0206, P.A. 93-0208, P.A. 93-0209, P.A. 93-0210 (all approved 7-18-03, effective immediately) P.A. 93-0207, P.A. 93-0211

September
2003
Illinois Law Update
Page 436
Gov. Rod Blagojevich recently signed into law six bills aimed at eliminating problems that have raised questions about the integrity of Illinois' criminal justice system.

Green-sheet blues

By Helen W. Gunnarsson
March
2003
LawPulse
Page 110
For purposes of calculating real estate transfer taxes, the "consideration" paid for a new house equals the original contract price and; whether your homeowner client likes it or not; the extras added later, real estate practitioners argue.

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