Criminal Law

People v. Cameron

People v. Cameron
Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2012 IL App (3d) 110020
Decision Date: 
Friday, October 12, 2012
District: 
3d Dist.
Division/County: 
Knox Co.
Holding: 
Affirmed in part, modified in part, and vacated in part; remanded.
Justice: 
CARTER
Defendant was convicted, after bench trial, of unlawful possession of firearm ammunition by a felon and theft. Court erred in amount of restitution it ordered for theft of driver's license; remanded for new restitution hearing to determine amount of out-of-pocket losses caused by Defendant's possession of stolen license only. Court did not determine that consecutive sentences were required to protect public from further criminal conduct by Defendant; thus, sentences should be served concurrently. (LYTTON and WRIGHT, concurring.)

People v. Malone

People v. Malone
Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2012 IL App (1st) 110517
Decision Date: 
Friday, September 28, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
ROCHFORD
Defendant was convicted, after bench trial, of armed robbery with a firearm. Store cashier testified that she saw Defendant holding what appeared to be a gun, and that he then told her to open the cash drawer. Video and still photo showed Defendant holding what appears to be an actual gun. No evidence was presented that the gun was a toy gun, BB gun, or anything other than a real gun. Rational trier of fact could have found that Defendant was armed with a gun that met statutory definition of firearm. Court properly applied 15-year sentencing enhancement, which did not violate proportionate penalties clause. (HOFFMAN and KARNEZIS, concurring.)

People v. Harris

People v. Harris
Illinois Appellate Court
Criminal Court
Right to Counsel
Citation
Case Number: 
2012 IL App (1st) 100678
Decision Date: 
Thursday, August 30, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Reversed and remanded.
Justice: 
LAVIN
Defendant was convicted of felony murder predicated on armed robbery. Police held Defendant in continued custody on probation violation and used this custody to mask their intention to question Defendant solely about murder of victim, with whom Defendant reportedly had history of violence. Given manner of police interrogation (5 interviews over 24 hours, in confrontational mode), a reasonable person would not have felt free to terminate the encounter. Thus, statement cannot be presumed voluntary rather than result of inherently coercive atmosphere of custodial interrogation. Defendant's confessions after she invoked her right to counsel are presumptively involuntary and thus should be suppressed. (FITZGERALD SMITH and STERBA, concurring.)

People v. McDaniel

People v. McDaniel
Illinois Appellate Court
Criminal Court
Burglary
Citation
Case Number: 
2012 IL App (5th) 100575
Decision Date: 
Friday, October 12, 2012
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Reversed.
Justice: 
GoLDENHERSH
Defendant was charged with burglary and retail theft. Defendant entered retail store with authority, and did not exceed the physical scope of his authority and left immediately after stealing fishing reels; thus, he was properly convicted of that theft. However, as Defendant did not "remain within" the store to commit a theft, his burglary conviction is reversed, as the "remaining within" language in the burglary statute should not be de facto amended, to be read so broadly that common shoplifting becomes burglary. (WELCH and WEXSTTEN, concurring.)

People v. Vlahon

People v. Vlahon
Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2012 IL App (4th) 110229
Decision Date: 
Thursday, October 11, 2012
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Affirmed as modified; remanded with directions.
Justice: 
KNECHT
Court improperly attached term of four years MSR to Defendant's aggravated domestic battery conviction, in violation of ex post facto doctrine, as two-year MSR term was provided for under statute in effect at time Defendant committed the offense. Four-year MSR term is not simply a condition of Defendant's sentence, but is a two-year increase in length of time Defendant is subject to custody of DOC. (STEIGMANN and COOK, concurring.)

People v. Matthews

People v. Matthews
Illinois Appellate Court
Criminal Court
Evidence
Citation
Case Number: 
2012 IL App (1st) 102540
Decision Date: 
Wednesday, October 10, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Reversed and remanded.
Justice: 
SALONE
Defendant was convicted, after jury trial, of first degree murder. Polygraph evidence was improperly used to support credibility of third party's actual testimony and removed from jury its core functions in resolving conflicts in testimony and determining weight of testimony. A third person cannot be used to circumvent rule against admission of polygraph evidence, even where that person was brought to testify specifically to claim that witness was coerced. Erroneous admission of prior consistent statements of witness was a material factor in conviction, which was plain error as evidence was closely balanced given lack of physical evidence. (NEVILLE and STERBA, concurring.)

People v. Patterson

People v. Patterson
Illinois Appellate Court
Criminal Court
Sexual Assault
Citation
Case Number: 
2012 IL App (1st) 101537
Decision Date: 
Friday, June 29, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Reversed and remanded.
Justice: 
NEVILLE
(Modified upon denial of rehearing 9/26/12.) Court entered judgment on jury verdict finding Defendant, then age 15, guilty on three counts of aggravated criminal sexual assault. Court erred in allowing into evidence statement defendant signed at police station, as police made no attempt to contact Defendant's parents, and no concerned adult helped Defendant during police questioning. On remand, if State again presents testimony that victim had intercourse shortly before medical examination, then court should permit Defendant to present evidence that victim had intercourse with her boyfriend. Statute providing for automatic transfer to criminal court of all charges of aggravated criminal sexual assault against minors age 15 and older is not unconstitutional. (STEELE and MURPHY, concurring.)

U.S. v. Owens

Federal 7th Circuit Court
U.S. v. Owens
Criminal Court
Reasonable Doubt
Citation
Case Number: 
No. 12-1918
Decision Date: 
October 11, 2012
Federal District: 
N.D. Ill., E. Div.
Holding: 
Reversed
Record failed to contain sufficient evidence to support jury’s guilty verdict on two counts of federal program bribery charge arising out of defendant’s acceptance of two $600 bribes in exchange for his issuance of certificates of occupancy covering four newly constructed homes. Charged offense requires showing that “business” or “transaction” sought to be influenced involved thing of value of $5,000 or more, and govt. failed to show that issuance of instant certificates met $5,000 threshold where defendant received only $600 per issuance. Fact that instant homes carried mortgages ranging from $180,000 to $250,000 did not serve to satisfy $5,000 threshold, and govt. otherwise failed to present evidence that issuance of instant certificates benefited homeowners in some way that issuance of legitimate certificates would not have.

People v. Satisfield

People v. Satisfield
Illinois Appellate Court
Criminal Court
Speedy Trial
Citation
Case Number: 
2012 IL App (2d) 110297
Decision Date: 
Monday, October 1, 2012
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
BIRKETT
Defendant was convicted, after stipulated bench trial, of DUI. Court properly struck Defendant's speedy trial demand, as Defendant failed to send a copy of demand to chief administrative officer of Lawrence Correctional Center, as required by Section 3-8-10 of Unified Code of Corrections. Irrelevant that Defendant was incarcerated at that Correctional Center, as State was under no obligation to remedy Defendant's failure to follow requirements of Section 3-8-10. (McLAREN and HUTCHINSON, concurring.)

People v. Pikes

People v. Pikes
Illinois Appellate Court
Criminal Court
Evidence
Citation
Case Number: 
2012 IL App (1st) 102274
Decision Date: 
Thursday, September 27, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Reversed and remanded.
Justice: 
FITZGERALD SMITH
Defendant was convicted, after simultaneous but separate jury trials with co-Defendant, of first degree murder. Before admission of other crimes evidence may be considered, it must first be shown, as threshold requirement, that Defendant committed previous crime. Court's findings as to factors of other crimes admissibility were premature, and thus Defendant was improperly sent to trial with stigma overhead of previous crime which he did not commit. (LAVIN and STERBA, concurring.)