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2004 Articles

Can criminal defense attorneys give police reports to clients? By Randall Rosenbaum October 2004 Although it is a simple question, the answer is quite complex. In fact, there is no definitive answer. Just as many defense attorneys answer "yes" as answer "no."
Editor’s note By Michelle A. Vescogni October 2004 (Notice to librarians: The following issues were published in Volume 47 of this newsletter during the fiscal year ending June 30, 2004: September, No. 1; December, No. 2; April, No. 3; June, No. 4).
The knock and announce requirement in search warrants By John A. Wasilewski March 2004 In Illinois, there is no statutory provision for the execution of a search warrant. In fact, the legislature has sought to excuse case law imposed knock and announce requirements by enacting legislation that would excuse the requirement with prior judicial approval
Mandatory pre-sentence sex offender evaluation By Steve Baker June 2004 The enactment of P.A. 93-0616, effective Jan. 1, 2004, has prompted a vigorous discussion within the legal community.
Stricter construction of Confrontation Clause may limit state’s use of hearsay at trial: An analysis of Crawford v. Washington By John Gleason June 2004 On March 8, 2004, the United States Supreme Court decided Crawford v. Washington, 541 U.S. ___, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004).
Waived errors: Obtaining review of issues not preserved in the trial court By Kerry J. Bryson March 2004 on appeal, review is limited to those matters which appear in the trial record. Accordingly, a complete record is a precursor to meaningful appellate review.
Who’s entitled to what from whom? By Matt Maloney March 2004 Recent decisions from the Illinois Supreme Court have recounted difficulties emanating from discovery problems. Most of the commentaries deal with complaints of non-compliance in death penalty cases.
Whose dime is it, anyway? Or, who cares? By Matt Maloney October 2004 I was Bureau County Public Defender for almost 10 years.