Publications

Section Newsletter Articles From Brendan Max

Case summaries By Jason Rossetto, Ahanti Osteen, Brendan Max, Gregory Paul Vazquez, Dana Drexler, and Attila Bogdan Criminal Justice, July 2007 During a police traffic stop, the passenger of an automobile is seized and detained in addition to the driver, for purposes of Fourth Amendment analysis. Brendlin v. California, 551 U.S. ___ (2007).
Case summaries By G. Paul Vazquez, Brendan Max, Ron Haze, Miguel E. Miranda, Vera McDonnell, and Matt Maloney Criminal Justice, June 2006 In People v. Wooddell, 2006 Ill.Lexix 326, the Illinois Supreme Court was called upon to review the effect of a release of a defendant from the Department of Corrections upon a speedy trial demand made pursuant to the intrastate detainers statute.
Editor’s note By Brendan Max Criminal Justice, June 2006 In addition to our usual summaries or recent criminal opinions of interest, this edition of the ISBA Criminal Justice Section Newsletter includes the second half of a Summary of Traffic-Related Decisions by the Honorable Daniel Locallo.
Editor’s note By Brendan Max Criminal Justice, April 2006 In this edition of the ISBA Criminal Justice Section Newsletter, we are pleased to be able to provide a special article by the Honorable Daniel N. Locallo.
Case summaries By Lester Finkle, Brendan Max, and Attila Bogdan Criminal Justice, September 2005 Defendant challenged the constitutionality of questioning by officers about drugs and alcohol after he was stopped for a minor traffic offense and was issued a warning.
Another application of the 15-20-25-Life Provision held unconstitutional By Brendan Max Criminal Justice, April 2005 The 15-20-25-Life Provision cannot be used to enhance the penalty for a home invasion committed while the offender was merely in possession of a firearm.
Crawford cancels hearsay exception for minor witnesses By Brendan Max Criminal Justice, April 2005 Accusatory statements by minor-witnesses made out of court may not be admitted as an exception to hearsay, and the statutory provision which authorized this practice is unconstitutional.
The right to remain silent during Terry stops: May a suspect be compelled to speak? By Brendan Max Criminal Justice, April 2005 Can the police arrest a person during a Terry stop for remaining silent when an officer demands to know the person's name?
To sustain a conviction of a minor for aggravated criminal sexual abuse, State must prove conduct was motivated by sexual gratification By Brendan Max Criminal Justice, April 2005 Conduct between adults that is clearly for sexual arousal purposes may not be for such purposes when the parties involved are young minors.

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