2020 Articles

Appellate Court Vacates Orders, Remands for New Revocation Hearing By J. Brick Van Der Snick & Andrew Morris February 2020 In People v. Nemec, the defendant appealed an order revoking his court supervision, an entry of a conviction, and an order to pay fines and costs, arguing he was deprived of his right to be properly admonished of his rights to be represented by counsel at his revocation hearing.
Big Changes in Discovery Procedure Pursuant to Illinois Supreme Court Rule 415(c) By Sara M. Vig November 2020 A look at the revisions to Illinois Supreme Court Rule 415(c), which precluded a defense attorney from giving the attorney’s client a copy of his/her own discovery in felony case until October 23.
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Case Notes By Juliet Boyd February 2020 Summaries of two recent appellate cases of interest.
Comparison of Illinois Breath Testing Instruments By Nancy G. Easum October 2020 A look at the various breath testing instruments used in Illinois.
Compelled Chemical Testing After Accident May Be Unconstitutional By James Stern April 2020 A summary of People v. Eubanks, in which the defendant appealed a conviction of first-degree murder, failure to report an accident involving death or injury, and aggravated driving under the influence.
A Defendant’s Right to Be Present While Video Is Played By Hon. Edward Maloney April 2020 A look at whether consideration of evidence outside of the courtroom violates a defendant’s rights.
Detective Sworn Report Not Fatal: People v. Raupp, 2020 IL App (2d) 190309 By Adam M. Miller October 2020 On February 20, 2020 the second district appellate court reversed a trial court’s decision to rescind a statutory summary suspension based on a defective sworn report and the resulting statutorily deficient notice.
The Factual Basis: Keep It Simple By Hon. Jeremy Richey April 2020 Unless the judge you are appearing in front of requires a detailed factual basis for a defendant's guilty plea, you should keep the factual basis short and focused.
The Illinois Bar Foundation Needs Your Help By Rory T. Weiler November 2020 The Illinois Bar Foundation, which assists fellow lawyers who have fallen upon hard times, has acted quickly to address the economic crisis that has resulted from COVID-19.
Is Odor of Cannabis Enough? By Sarah Vig October 2020 On March 19, 2020 in People v. Hill, the Illinois Supreme Court weighed in on the issue of whether the odor of cannabis can be used as probable cause to search a vehicle.
Language May Be a Barrier, Except for Warning to Motorist By Ted Hammel February 2020 Last May, the third district appellate court reversed a trial court’s decision rescinding the statutory summary suspension on the grounds of inadequate warnings.
Mandatory 180 Jail Was Not Appropriate Because of Ambiguities in DUI Law By Brick Van Der Snick November 2020 In People v. Rowell, the appellate court vacated the defendant's sentence and remanded the case for resentencing on the grounds that 625 ILCS 5/11-501(c)(3) is ambiguous and vague.
Marijuana-Impaired Driving: A Discussion of the Per Se Law and Other Methods of Detection By Anisa Jordan February 2020 For law enforcement and those practicing in the field of DUI prosecution and defense, the legalization of recreational cannabis brings to the forefront the question of when is a driver too impaired by marijuana to drive.
No Video, No Discovery Violation By David Franks October 2020 Absent evidence indicating that the state could have at one time produced an in-squad video and entire booking room video, and where the evidence did not prove that the recordings ever existed, the state did not commit a discovery violation.
Playing Videos During Jury Deliberations By Hon. Edward Maloney November 2020 In People v. Hollahan, the Illinois Supreme Court reviewed whether reversible error was committed when, after the jury had retired to deliberate, the court granted the jury’s request to review a video but played it in the courtroom with the judge, parties and alternate jurors present.
Recent Cases and Cases of Interest By Thomas M. Moran November 2020 Summaries of recent cases of interest to traffic law practitioners.
Sufficient Information Was Conveyed During 911 Call to Properly Stop Defendant By J. Brick Van Der Snick April 2020 In People v. Shelton, the defendant appealed the trial court's ruling that he did not have ineffective trial counsel based on the fact that his trial counsel did not file a motion to suppress evidence based on a 911 call containing insufficient information for the arresting officer to develop reasonable suspicion.
Supporting the Illinois Bar Foundation Gala to Aid Access to Justice and Colleagues By Jennifer A. Haase October 2020 The Illinois Bar Foundation will be hosting its annual gala in a new virtual format this year.