For years we have discussed how much easier patrol and investigation would be if that darned Fourth Amendment didn't get in our way.
The editor of this publication and the section council thank David Bergschneider, Legal Director, Office of the State Appellate Defender, for his comprehensive case law update included in this edition.
The caselaw digests contained in this newsletter were graciously submitted by Don Hays, Senior Staff Counsel, Office of the States' Attorney Appellate Prosecutor.
Impact of plea of guilty on civil proceedings
A plea is an admission of a party opponent. It is not conclusive in the civil litigation, however it is like a person saying at the time of the collision; "I'm sorry, I ran the red light."
Public defender malpractice liability—civil immunity: good, bad or just Cook County
Background: In Johnson v. Halloran, et. al1 the Illinois Supreme Court extinguished the long held assumption that Public Defenders may be accused of malpractice in the context of ARDC complaints or post-conviction petitions [pro-se post-trial motion/motion to withdraw guilty pleas included], but not a civil suit for malpractice.
Recent criminal law case analysis
Search and seizure--The defendant in this case was not "seized" when a police officer stopped his squad car in front of the defendant.