Appellate Court Vacates Orders, Remands for New Revocation HearingBy J. Brick Van Der Snick & Andrew MorrisFebruary 2020In 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.
The Factual Basis: Keep It SimpleBy Hon. Jeremy RicheyApril 2020Unless 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 HelpBy Rory T. WeilerNovember 2020The 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 VigOctober 2020On 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.
No Video, No Discovery ViolationBy David FranksOctober 2020Absent 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 DeliberationsBy Hon. Edward MaloneyNovember 2020In 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.
Sufficient Information Was Conveyed During 911 Call to Properly Stop DefendantBy J. Brick Van Der SnickApril 2020In 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.