Criminal Law

U.S. v. Lawson

Federal 7th Circuit Court
Criminal Court
Reasonable Doubt
Citation
Case Number: 
No. 14-3276
Decision Date: 
January 19, 2016
Federal District: 
N.D. Ind., Ft. Wayne Div.
Holding: 
Affirmed

Record contained sufficient evidence to support defendant’s conviction on charge of aiding and abetting firearm use during attempted armed robbery of post office, where witness testified that she heard defendant’s accomplice state that he had gun and saw accomplice point gun that looked like Cobra .380. Fact that witness also stated that she was not positive that object was firearm, and that it could have been well-made replica did not require different result. Also, although Dist. Ct. gave improper jury instruction that allowed jury to theoretically convict defendant on evidence indicating that defendant may not have learned of gun’s existence until time of attempted robbery, said error did not require reversal, since videotape of incident confirmed that armed robbery had been pre-planned, that defendant gave no indication of surprise once accomplice brandished gun at witness, and that instead of withdrawing from attempted robbery upon accomplice’s brandishing of gun defendant continued in his attempt to rob post office. Additionally, prosecutor did not commit Brady violation by withholding detective’s personnel file from defendant that contained prior incidents of police misconduct, since evidence of any prior misconduct contained in said personnel file would not have allowed jury to find that fingerprint evidence gathered by detective that linked defendant to charged offense was unreliable.

People v. Wright

Illinois Appellate Court
Criminal Court
Miranda Warnings
Citation
Case Number: 
2016 IL App (5th) 120310
Decision Date: 
Friday, January 15, 2016
District: 
5th Dist.
Division/County: 
Marion Co.
Holding: 
Reversed and remanded.
Justice: 
GOLDENHERSH

Defendant was convicted, after jury trial, of armed robbery and unlawful possession of a controlled substance. Court erred in denying Defendant's motion to suppress statements made after his arrest.  Officer's language and actions were particularly evocative, and likely to elicit incriminating response from Defendant.  Officer handcuffed Defendant, placed him in back of a patrol car, and engaged him in ongoing conversation, including asking him at least one question and discussing evidence against him, and officer drove Defendant to area where Defendant could see police questioning the mother of Defendant's 3 children. Officer subjected Defendant to functional equivalent of a police interrogation without providing Miranda warnings.(SCHWARM, concurring; WELCH, dissenting.)

People v. Howard

Illinois Appellate Court
Criminal Court
Illinois Sex Offender Registration Act
Citation
Case Number: 
2016 IL App (3d) 130959
Decision Date: 
Wednesday, January 13, 2016
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed.
Justice: 
WRIGHT

Police officer discovered Def ndant, a registered sex offender, sitting in vehicle parked within 15 feet of school property while children were present and playing on school playground.  Defendant was convicted of felony offense of being present in a school zone as a child sex offender. Statutory scheme clearly delineates a 500-foot zone surrounding school property, and prohibits certain conduct during specific time when children under age 18 are present. Sex offenders who, like Defendant, are not a parent of a child in the school, cannot be present in restricted school zone for any purpose, lawful or unlawful, when children are present.(CARTER, concurring; McDADE, dissenting.)

People v. Zimmerman

Illinois Appellate Court
Criminal Court
Relief from Judgment
Citation
Case Number: 
2016 IL App (2d) 130350
Decision Date: 
Wednesday, January 13, 2016
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Vacated and remanded.
Justice: 
JORGENSEN

Defendant was convicted of armed violence in 2010. Defendant filed petition for relief form judgment under Section 2-1401.  Absent a specific motion, responsive pleading, or explicit statement of waiver of service, State does not waive objection to improper service.  Allowing State's presence in court to amount to a waiver of service would contradict the purpose of removing the general-appearance provision from Section 2-301.  Court prematurely dismissed Section 2-1401 petition, as petition was not properly served.  (Defendant had asked court to waive requirement that he serve State's Attorney by certified mail, as he was indigent; State filed no formal appearance or response to petition.  State appeared in court but was silent.)(SCHOSTOK and BIRKETT, concurring.)

People v. Dixon

Illinois Appellate Court
Criminal Court
Robbery
Citation
Case Number: 
2015 IL App (1st) 133303
Decision Date: 
Tuesday, December 22, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed and remanded.
Justice: 
NEVILLE

(Court opinion corrected 1/14/16.) Defendant was convicted, after bench trial, of armed robbery.  State failed to present evidence that Defendant was armed with a gun that had weight or composition (metallic nature) of a dangerous weapon.Defendant's statement was unrebutted that he carried a BB gun during the robbery, and  that the BB gun broke when it was dropped. Evidence presented by the State failed to prove, beyond a reasonable doubt, that Defendant was armed with a gun that was a dangerous weapon because it could be used as a bludgeon. Remanded for entry of judgment of conviction for robbery and appropriate sentence. (PIERCE and HYMAN, concurring.)

U.S. v. Sanchez

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 15-1356
Decision Date: 
January 13, 2016
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in sentencing defendant to below-guidelines, 40-month term of incarceration on drug conspiracy and distribution charges, based in part on finding that defendant qualified for two-level enhancement under section 2D1.1(b)(2) of USSG for maintaining premises for purpose of distributing controlled substances. Ct. rejected defendant’s claim that enhancement was inappropriate because storage of drugs was not primary purpose of his residence, where court found that “premises” for purpose of instant enhancement can have more than one primary use. Moreover, instant enhancement was appropriate where: (1) use of defendant’s home to distribute drugs was integral to drug conspiracy; (2) defendant was paid large sum to receive and store large quantities of drugs; and (3) defendant controlled access to said drugs. Moreover, any error was harmless, where Dist. Ct. indicated that it would have given same sentence with or without enhancement.

House Bill 4357

Topic: 
Decriminalization of cannabis

(Cassidy, D-Chicago) provides that the possession of 10 grams or less of cannabis is a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. It doesn’t invalidate or affect any ordinance enacted by any municipality or unit of local government that imposes a fine upon cannabis other than as defined in this Act. Amends Illinois Vehicle Code to provide that a person may not drive or be in actual physical control of any vehicle, snowmobile, or watercraft if the person has, within two hours of driving, a tetrahydrocannabinol (THC) concentration in his or her whole blood or other bodily substance of five nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 10 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance from the unlawful consumption of cannabis. Current law imposes per se liability for having any amount in your blood or bodily substance. Just introduced. 

Senate Bill 2151

Topic: 
Crime Victims Compensation Act

(Silverstein, D-Chicago) amends the Crime Victims Compensation Act to provide that a crime victim or another person may be compensated for legal expenses and court costs related to the enforcement of the crime victim’s rights. Referred to Senate Assignments Committee. 

House Bill 4400

Topic: 
Perjury

(Drury, D-Highwood) makes it perjury if a person knowingly under oath makes contradictory statements to the degree that one of them is necessarily false in the same or in different proceedings in which an oath or affirmation is required if: (1) each statement was material to the issue or point in question; and (2) each statement was made within the period of the statute of limitations for the offense charged. Makes it a defense if the defendant at the time he or she made each declaration believed the declaration to be true. Just introduced.

People v. Holmes

Illinois Appellate Court
Criminal Court
Sexually Dangerous Persons Act
Citation
Case Number: 
2016 IL App (1st) 132357
Decision Date: 
Monday, January 11, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
CONNORS

After bench trial, Defendant was found to be a sexually dangerous person and committed to custody of Department of Corrections. Defendant had been convicted of 3 sex offenses in 3 different states over 6 years. Court only limited how prior allegation was characterized and avoided confusion about whether allegation was false, and court did not prohibit all cross-examination about substance of Defendant's question. State proved that Defendant had serious difficulty controlling his sexual behavior, and court made an explicit "substantial probability finding".  Court made finding of sexual dangerousness based on requirements of the Sexually Dangerous Persons Act.  Evidence was sufficient to find that Defendant had all 3 mental disorders raised by the experts. (LIU and HARRIS, concurring.)