Criminal Law

The Mandatory Criminal Fines Conundrum

By Jennifer Donnelly & Steve Dellinger
April
2015
Article
, Page 28
Judges typically rely on the circuit clerk to determine mandatory fines, but the clerk often goes further and actually imposes them, which makes the fines void. This article proposes some solutions.

People v. Jones

People v. Jones
Illinois Appellate Court
Criminal Court
resisting arrest
Citation
Case Number: 
2015 IL App (2d) 130387
Decision Date: 
Tuesday, March 17, 2015
District: 
2d Dist.
Division/County: 
Carroll Co.
Holding: 
Affirmed in part and reversed in part.
Justice: 
McLAREN
Defendant was convicted, after jury trial, of aggravated battery to a peace officer and obstructing a peace officer, and sentenced to five years. Officer was authorized to conduct initial investigation into report of domestic violence, but in doing so he found no evidence of domestic violence or of any other offense, and officer's authority to remain in Defendant's home ended at that point. Court was not required, sua sponte, to instruct jury on self-defense. Once officer attempted to arrest Defendant, Defendant was not entitled to resist. (HUDSON and BIRKETT, concurring.)

People v. Baker

People v. Baker
Illinois Appellate Court
Criminal Court
Juvenile Sentencing
Citation
Case Number: 
2014 IL App (5th) 110492
Decision Date: 
Friday, February 6, 2015
District: 
5th Dist.
Division/County: 
Fayette Co.
Holding: 
Affirmed in part and vacated in part; remanded with instructions.
Justice: 
CATES
(Modified upon denial of rehearing 3/17/15.) Defendant, age 15 at time of offense, was convicted, after jury trial, of two counts of first degree murder and three counts of home invasion, and sentenced to two mandatory terms of natural life for murders, and 30 years for each home invasion. Two murders and home invasion at neighboring house arose out of same incident, and thus home invasion was properly prosecuted under criminal law in circuit court, even though that charge had not been transferred from juvenile court. Defense counsel's decision to forgo instructing jury on insanity was a matter of trial strategy, thus no ineffective assistance of counsel. Court properly limited opinions of defense neuropharmacologist expert to adverse effects of Cymblta (which Defendant had been prescribed) on adolescents in general, as he did not have qualifications required to offer expert opinion on issue of Defendant's sanity or mental illness. As no indication that court considered Defendant's youth and attendant characteristics, life sentences are vacated. (STEWART and MOORE, concurring.)

People v. Lake

People v. Lake
Illinois Appellate Court
Criminal Court
Search & Seizure
Citation
Case Number: 
2015 IL App (4th) 130072
Decision Date: 
Monday, March 16, 2015
District: 
4th Dist.
Division/County: 
Vermilion Co.
Holding: 
Affirmed.
Justice: 
STEIGMANN
Defendant, age 17 at time of offense, was convicted, after bench trial, with aggravated use of a weapon and defacing identification marks of a firearm. Defendant was not seized when officer approached him from behind, and tapped him on shoulder, while Defendant was walking back and forth and seemed to be acting as "lookout" in area near public housing project. Tapping was minimally intrusive way and socially accepted method to get his attention, and tap did not demonstrate authority sufficient to constitute an unreasonable seizure under fourth amendment. Defendant was not seized when officer blocked his path down the street and began asking him questions. Up to the point when Defendant willingly answered officer's questions, encounter was consensual. Possession of handguns by minors is conduct that falls outside scope of second amendment's protection. (HOLDER WHITE and APPLETON, concurring.)

U.S. v. Sewell

Federal 7th Circuit Court
U.S. v. Sewell
Criminal Court
Search and Seizure
Citation
Case Number: 
No. 14-1384
Decision Date: 
March 13, 2015
Federal District: 
N.D. Ind., Ft. Wayne Div.
Holding: 
Affirmed and vacated in part and remanded
In prosecution on drug and unlawful possession of firearm charges that arose out of search of home of defendant’s wife, record supported magistrate judge’s finding that police had probable cause to search said home, where: (1) affidavit supporting application for search warrant indicated that police had chronicled defendant’s involvement in certain drug deals through recorded telephone conversations; (2) police had previously seized drugs and cash that stemmed from information obtained in recorded conversations involving defendant; and (3) police could reasonably believe that drugs and cash would be located in home of defendant’s wife, where defendant had also been observed on three prior occasions. Record also contained sufficient evidence to support defendant’s unlawful possession of firearm charge, even though wife testified that gun found under bed was hers, where defendant told police officers where gun was located at time officers were conducting search of wife’s home, and where wife was unable to describe simple details about gun.

People v. Brown

People v. Brown
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2015 IL App (1st) 122940
Decision Date: 
Wednesday, March 11, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
HYMAN
Court properly dismissed Defendant's second-stage postconviction petition, after his conviction for unlawful use of a weapon by a felon. Allegations in petition, with supporting documentation, fail to make substantial showing of any constitutional deprivation to warrant third-stage proceeding. No ineffective assistance of counsel claim, as Defendant cannot show prejudice from his claims that his counsel failed to relay State's plea offer, and that counsel failed to inform him of sentence he faced if convicted. Defendant cannot show reasonable probability that he would have accept plea offer and that if he had, court would have accepted it.(PUCINSKI and LAVIN, concurring.)

People v. Simpson

People v. Simpson
Illinois Appellate Court
Criminal Court
Motions to Suppress
Citation
Case Number: 
2015 IL App (1st) 130303
Decision Date: 
Wednesday, March 11, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
HYMAN
Defendant and his codefendant were convicted after bench trial of four counts of home invasion with guns, while residents were in the house. Court properly denied pretrial motion to quash arrest and suppress evidence. Police stopped codefendants in early morning hours, immediately after receiving dispatch that suspects from a home invasion were fleeing in a car which matched their description, on the road and in the direction where they were travelling; no other vehicles were on the road. Reasonable suspicion for Terry stop can be derived, in part, when police observe persons similar to those believed fleeing from recent crime scene when found in general area where suspects would be expected. Patdown search was justified given that home invasion by two armed perpetrators is inherently dangerous crime. (LAVIN and MASON, concurring.)

U.S. v. Richardson

Federal 7th Circuit Court
U.S. v. Richardson
Criminal Court
Speedy Trial
Citation
Case Number: 
No. 14-1901
Decision Date: 
March 12, 2015
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Affirmed
Dist. Ct. did not err in denying defendant’s motion to dismiss on speedy-trial grounds his indictment on unlawful possession of firearm charges, even though 16 months had elapsed between time federal complaint and detainer had been filed and date indictment had been issued. Filing of federal complaint charging defendant with instant felony and issuance of detainer did not trigger speedy-trial clock since (for felony charges) said clock is triggered only by filing formal charging document such as indictment or information. Moreover, instant delay was caused by defendant’s detention by state authorities, who had charged him with state crime and who had “first dibs” at prosecuting defendant, and defendant had otherwise failed to ask for federal trial during his state confinement.

House Bill 3089

Topic: 
Citizen Participation Act
(Breen, R-Lombard) makes the following changes to the Act: (1) Amends the public policy provision of the Act to make as one of its intentions the ability to identify and provide a speedy resolution of meritless and retaliatory and provide damages in the form of attorney’s fees and costs to prevailing movants. (2) Provides that a claim is meritless if it lacks an essential element of the claim or fails against a reasonably foreseeable affirmative defense to that claim. (3) Provides that a plaintiff's claim is presumed to be retaliatory if the alleged basis for the claim is an act in furtherance of the constitutional rights to petition, speech, association, and participation in government. (4) Provides that a motion under the Act may be made as a motion to dismiss or as a motion for summary judgment or joined with other motions. (5) Provides that “attorney’s fees and costs” include reasonable trial and appellate attorney’s fees and costs incurred in connection with a motion under the Act, including, but not limited to, fees and costs for discovery that relates to such a motion. Scheduled for hearing next Wednesday in House Judiciary Committee.
View Full Text of Legislation

House Bill 2569

Topic: 
Guilty pleas
(Cabello, R-Rockford) prohibits a guilty plea from being taken unless the court explains the following to the defendant: (1) the maximum and minimum penalty provided by law for the offense which may be imposed by the court (rather than the consequences of the plea and the maximum penalty provided by law for the offense which may be imposed by the court); (2) any possible increased sentence by reason of the fact of a prior conviction or future conviction and any possibility of the imposition of consecutive sentences; (3) any registration requirement that accompanies the plea and the restrictions associated with the registration; and (4) the consequences of the plea on a defendant’s ability to: (a) retain or obtain housing in the public or private market; (b) acquire loans for educational or other purposes; (c) enroll in certain degree programs; (d) retain or obtain employment; (e) retain or obtain an occupational or driver's license; (f) possess a firearm; and (g) retain or obtain custody of a child. Scheduled for hearing next Tuesday in House Criminal Law Committee.
View Full Text of Legislation