Email Discussion Groups Migrating to ISBA Central
Attention ISBA email discussion-group members: As many of you know, we’re migrating from our old listserver software to a new, more powerful online community called ISBA Central. The old lists are now closed, and the following ISBA Central communities are open for business:
- ISBA Main Community
- Mentor- Mentee
- Ethics
- Café
- Senior Lawyers
- Litigation
- Transactional
- Criminal-DUI-Traffic
Other groups will launch over the next few weeks. For more about the transition, visit http://central.isba.org (be sure to check the Help/FAQ page).
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Member Comments (3)
Listmates:Where a third party purchases a condo at a sheriff’s sale, can the lien for pre foreclosure delinquent assessments, including the 6 months of assessments accruing prior to the association’s bringing a collection/eviction action, be extinguished by the purchaser paying all post foreclosure assessments as they come due?
Listmates:
Looking for a Marion, Illinois, attorney to represent me, acting as POA for my client at a residential real estate closing in 30 days on a Marion property.
fagan@prodigy.net
Listmates:
I am looking for advice RE possibly filing a Motion to Dismiss in a state criminal case based on the failure of an administrative agency (Dept. of Corrections) to follow its own regulations while investigating a charge that was later referred to the County prosecutor.
I am a criminal defense attorney that is regularly appointed to represent prison inmates who have been charged with crimes allegedly committed while in prison. Typically it is possession of contraband (synthetic cannabinoids and weapons), or aggravated battery of a corrections officer.
When an incident like this occurs, the Internal Affairs division of DOC does a short investigation, and then issues a disciplinary ticket against the inmate. There is a brief administrative hearing that takes place in the prison, and if the inmate is found guilty by that hearing committee, they are given internal discipline of various kinds (3-6 months in segregation, restricted commissary and visitation access, etc).
Then, in some cases but not all, and typically months or even a year later, DOC may refer the case to the local prosecutor for prosecution in state criminal court.
I have a case that might go to Jury trial a couple months from now. My client was charged with possession of synthetic cannabinoids after a CO saw him smoking. My client wants me to point out various ways in which the prison did not follow its own internal rules and regulations during the investigation and disciplinary process that took place in IDOC. To provide one example, shortly after IDOC gave him his ticket, he requested video footage of when they saw him smoking. They never provided him this footage, and did not give a good reason why. The prison now says the footage does not exist because the cameras in that area of the prison likely were not functioning at the time. They don't say why. This is all despite the fact that DOC has internal rules requiring them to maintain the cameras and keep logs of maintenance records, etc.
But of course, the State will take the position that they do not need video footage of the incident to prosecute the case in the first place. They have the testimony of at least one Corrections Officer saying that the incident occurred, and if that is enough to convince a jury, then what's the problem? Also, any mistakes that did occur were made by the prison, months before the prosecutor was ever even aware of the case.
Does anyone have experience with filing Motions that essentially argue that because an administrative agency or department like a prison did not follow its own regulations in various ways, the Defendant's right to adequately defend himself, gather information, and conduct discovery was harmed, and the case should be dismissed?
Any tips are very much appreciated.