Publications

Section Newsletter Articles on Criminal Law

Admonitions in the criminal trial court: Waiver of Counsel, Jury Demand, and Noncitizen Guilty Pleas By Patrick M. Kinnally General Practice, Solo, and Small Firm, July 2007 In January 2004 the Illinois General Assembly passed a law (725 ILCS 5/113-8) which says:
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 Criminal Justice, March 2007 The Illinois Supreme Court held that the Juvenile Court Act terminates a court’s authority over a case when the juvenile attains the age of 21 except for purposes of collecting restitution or cases filed as extended jurisdiction juvenile prosecutions.
Practice Alert: When advising a client that a plea for supervision is not a conviction. . . Think again!!! By Thomas A. Bruno General Practice, Solo, and Small Firm, February 2007 When Lou Grant interviewed Mary Richards for a job at WJM-TV, he asked her about her religion.
Case summaries Criminal Justice, December 2006 A police officer saw the defendant in his car, illegally parked. People v. Luedemann, 2006 WL 2828583 (Ill. 2006).
Legislation—Passed bills part 2: Code of Corrections, crime victims, domestic violence, and juvenile law By Steve Baker Criminal Justice, December 2006 The following are summaries of new legislation in Illinois affecting the practice of criminal law. As these are summaries only, the Public Act itself should be reviewed before reliance.
Special needs of girls and women in prison: What can we do? By Sharon L. Eiseman Women and the Law, October 2006 During its 2005-06 term, the Women and the Law Committee welcomed special guest speaker Lori Levin, Executive Director of the Illinois Criminal Justice Information Authority, to one of our meetings.
Advising a client that a plea for supervision is not a conviction? Think again!!! By Thomas A. Bruno Human Rights, September 2006 When Lou Grant interviewed Mary Richards for a job at WJM-TV, he asked her about her religion. Said Mary: “You’re not allowed to ask that when someone’s applying for a job.
Case summaries Criminal Justice, September 2006 In People v. Driggers, 2006 Ill.Lexis 1103, the Illinois Supreme Court was presented with the constitutionality of a canine sniff during a lawful traffic stop.
Legislation—Passed bills part 1: New offenses, amendments to existing offenses, criminal procedure, and drug crimes By Steve Baker Criminal Justice, September 2006 The following are summaries of new legislation in Illinois affecting the practice of criminal law.
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.
Case summaries Criminal Justice, April 2006 Joanne Phillips was arrested and charged with Unlawful Possession of Controlled Substance with the Intent to deliver, Unlawful Possession of Controlled Substance, and Unlawful Possession of Cannabis.
2005 criminal law decisions of the Supreme Court of Illinois By Evelyn G. Baniewicz Criminal Justice, March 2006 Below is a comprehensive summary of criminal decision from the Illinois Supreme Court in 2005, along with a key to abbreviations and notations.
Case summaries Criminal Justice, March 2006 In this case, the Illinois Supreme Court cleared up the meaning of involuntary intoxication as an affirmative defense, and the proof necessary to obtain an involuntary intoxication instruction.
Case summaries Criminal Justice, December 2005 Failure to admonish a criminal defendant of the mandatory supervisory release period (MSR) at sentencing, following a negotiated guilty plea of guilty, violates defendant’s constitutional right to due process, and the remedy is a chance to withdraw the plea rather than a reduced sentence.
Closing a criminal hearing By Thomas A. Bruno Bench and Bar, December 2005 In People v. LaGrone, the Fourth District Appellate Court reviewed the trial’s court’s decision to close the hearings on motions in limine and to suppress evidence in a case wherein Amanda Hamm and her boyfriend, Maurice LaGrone are charged with the drowning murder of Amanda’s children.
Legislation—Passed bills part 2: Domestic violence, drug crimes, firearms, sex offenders, conspiracy By Steve Baker Criminal Justice, December 2005 As these are only summaries of new legislation, the Public Act itself should be reviewed before reliance.
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.
Legislation-Passed bills part 1: New offenses, amendments to existing offenses, and criminal procedure By Steve Baker Criminal Justice, September 2005 As these are summaries only, the Public Act itself should be reviewed before reliance. Engrossed bills passed one House; enrolled bills passed both Houses.
Effective jury waiver in criminal proceedings By Anthony Zecchin Young Lawyers Division, June 2005 The scope of this article is limited to jury waiver in criminal matters, i.e., misdemeanors and felonies, although "offense" is broadly defined as "a violation of any penal statute of this state." 725 ILCS 5/102-15.
Case summaries By Jeff Chan and Attila Bogdan Criminal Justice, May 2005 Recent cases of interest.
Criminal/Traffic/Juvenile legislation 2004-All bills acted upon by Governor: Part 2 By Steve Baker Criminal Justice, May 2005 This list also includes dead bills of interest, Supreme Court Rule changes and Administrative Rule changes of note.
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 at your fingertips Criminal Justice, April 2005 Crawford v. Washington was decided by the U.S Supreme Court on March 8, 2004.
Criminal/Traffic/Juvenile legislation 2004-All bills acted upon by Governor: Part 1 By Steve Baker Criminal Justice, April 2005 This list also includes dead bills of interest, Supreme Court Rule changes and Administrative Rule changes of note.
Effective jury waiver in criminal proceedings By Anthony Zecchin Young Lawyers Division, April 2005 The scope of this article is limited to jury waiver in criminal matters, i.e., misdemeanors and felonies, although "offense" is broadly defined as "a violation of any penal statute of this state."
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.
Supreme Court decisions that the General Assembly may wish to consider Bench and Bar, March 2005 Recent cases that may warrant legislative action.
Growing area of concern: When is “not a conviction under this Act” a conviction? By Jack Carey General Practice, Solo, and Small Firm, February 2005 There are occasions when the general practitioner unwittingly finds a remedy for a client that would not have been suggested had the consequences been known.
Case note By Randall Rosenbaum Criminal Justice, January 2005 Citing its recent cases of People v. Atkinson,186 Ill.2d 450 (1999) and People v. Cox, 195 Ill.2d 378 (2001), the Illinois Supreme Court reaffirmed its rejection of mere-fact impeachment.