Criminal Law

Rann v. Atchison

Federal 7th Circuit Court
Rann v. Atchison
Criminal Court
Search and Seizure
Citation
Case Number: 
No. 11-3502
Decision Date: 
August 3, 2012
Federal District: 
S.D. Ill.
Holding: 
Affirmed
Dist. Ct. did not err in denying defendant's habeas petition alleging that his trial counsel was ineffective for failing to file motion to suppress digital images of child pornography contained in zip drive and camera memory card devices that were tendered to police by victim and victim's mother. While defendant argued that police's viewing of said images exceeded scope of private search conducted by victim and her mother, Ct. found no Fourth Amendment violation where trial court could properly find that victim and her mother were aware of child pornography images on both devices at time they tendered said devices to police, and where police were "substantially certain" that said devices would contain images of child pornography at time of their viewing.

Coleman v. Hardy

Federal 7th Circuit Court
Coleman v. Hardy
Criminal Court
Evidence
Citation
Case Number: 
No. 10-1437
Decision Date: 
August 3, 2012
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in denying defendant's habeas petition alleging that police had violated his Miranda rights by obtaining his confession after he had invoked right to counsel. While defendant asserted that he had invoked his right to counsel several times over 17-hour period prior to giving his confession, state court could properly credit police officials' testimonies that defendant never invoked right to counsel prior to giving confession. Moreover, record otherwise established that state court recognized correct legal standard when weighing all relevant factors in reasonable fashion. Fact that defendant submitted new affidavits in his state petition for post-conviction relief did not require finding that state court erred in making its original credibility determination, and defendant otherwise waived said issue by presenting affidavits in support of his ineffective assistance of counsel claim, rather than instant Miranda claim.

People v. Parker

People v. Parker
Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2012 IL App (1st) 101809
Decision Date: 
Friday, June 29, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Reversed and remanded.
Justice: 
R.E. GORDON
(Court opinion corrected 8/3/12.) Defendant, then age 18 and in high school, was charged, with five co-defendants, with 1999 murder. At 2004 bench trial, defense did not put on a case, and Defendant was convicted of first-degree murder and related charges. Court erred in summarily dismissing pro se postconviction petition; court never ruled on Defendant's actual innocence claim which was accompanied by completely exculpatory affidavit of co-defendant. Affidavit was new evidence, as no amount of diligence could have forced co-defendants to violate their fifth amendment rights. No physical evidence or eyewitness testimony, and primary evidence was confession obtained after 15 hours of multiple interrogations. Defendant had no prior record, no juvenile record, and no gang affiliation, and his petition was not based on meritless legal theory or fanciful factual allegation. Irrelevant that co-defendant's affidavit was not notarized, as this technicality should not prevent advancement to second-stage proceedings. (GARCIA and LAMPKIN, concurring.)

West v. Symdon

Federal 7th Circuit Court
West v. Symdon
Criminal Court
Speedy Trial
Citation
Case Number: 
No. 11-1172
Decision Date: 
August 2, 2012
Federal District: 
E.D. Wisc.
Holding: 
Affirmed
Dist. Ct. did not err in denying defendant's habeas petition alleging that his constitutional right to speedy trial was violated by 14-month delay in bringing defendant's second-degree sexual assault of child charge to trial. Defendant failed to establish any prejudice arising out of instant delay where: (1) defendant was incarcerated for separate offense during instant delay; (2) defendant could not base prejudice claim on fact that potential alibi witness had died prior to trial, since said death occurred only six months after state had filed complaint; and (3) result of trial would not have been different given strength of evidence against defendant.

U.S. v. Phillips

Federal 7th Circuit Court
U.S. v. Phillips
Criminal Court
Evidence
Citation
Case Number: 
Nos. 11-3822 & 11-3824 Cons.
Decision Date: 
August 2, 2012
Federal District: 
W.D. Wisc.
Holding: 
Affirmed
In prosecution under 18 USC section 1014 arising out of defendants' submission of home loan application that contained false information about plaintiffs' income and employment, Dist. Ct. did not err in barring defendants from asking questions designed to elicit testimony that plaintiffs' mortgage broker assured them that submission of said application was lawful. Defendant's proposed evidence, which went to issue as to whether defendants were aware that their acts were unlawful, was irrelevant since charged offense only required proof that defendants knowingly made false statements to lender for purpose of influencing lender's decision on loan application. Moreover, Ct. rejected defendants' contention that they were entitled to acquittal based on their claim that they thought that lender did not care about truth of their representations on loan application. (Dissent filed.)

People v. Sykes

People v. Sykes
Illinois Appellate Court
Criminal Court
Evidence
Citation
Case Number: 
2012 IL App (4th) 111110
Decision Date: 
Tuesday, July 31, 2012
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Reversed.
Justice: 
POPE
Defendant was convicted, after jury trial, of misdemeanor theft. Court erred in allowing witness, store's loss prevention manager, to narrate contents of poor-quality video played for jury. Witness's testimony as to his observations from original VHS surveillance video recording he viewed on VCR that recorded video was inadmissible lay opinion testimony and invaded province of jury; witness did not have firsthand knowledge of events shown. Prosecutor improperly argued to jury that witness is not paid based on number of thieves he catches and thus witness had no reason to lie, which was improper speculation and improperly bolstered witness's testimony and credibility. (TURNER and KNECHT, concurring.)

People v. Black

People v. Black
Illinois Appellate Court
Criminal Court
Ex Post Facto Laws
Citation
Case Number: 
2012 IL App (1st) 110055
Decision Date: 
Tuesday, July 31, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed as modified.
Justice: 
HARRIS
Defendant was convicted, after bench trial, of being an armed habitual criminal, and sentenced to seven years. Armed habitual criminal statute creates a substantive offense which punishes a defendant not for earlier convictions but for the new offense, and statute does not violate constitutional prohibitions against ex post facto legislation. (CUNNINGHAM and CONNORS, concurring.)

Public Act 97-867

Topic: 
Medical records of deceased family members
(Sullivan, D-Rushville; Brady, R-Bloomington) does three things to the new provisions for getting medical records of deceased family members if no estate is opened. (1) It clarifies that a "handling" fee may not be charged to a patient or patient's representative under Section 8-2001.5. (2) It requires that health-care providers release this information to a patient representative as authorized under this Section. (3) It requires that a person purporting to be a patient representative certify that to be true under penalty of law. Effective July 30, 2012.
View Full Text of Legislation

U.S. v. Lopez-Hernandez

Federal 7th Circuit Court
U.S. v. Lopez-Hernandez
Criminal Court
Sentencing
Citation
Case Number: 
No. 11-3854
Decision Date: 
July 27, 2012
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant to 71-month term of incarceration on charge of being in U.S. without permission after having been deported, even though Dist. Ct. based said sentence on fact that defendant had 41 prior arrests without convictions. While defendant argued that Dist. Ct. could not rely on said arrests without making determination that defendant had actually engaged in conduct for which he had been arrested, Dist. Ct. could consider instant arrests where: (1) defendant did not contest accuracy of summaries contained in records of certain arrests; and (2) defendant did not suggest that arrests for which there were no summaries were not grounded in facts. Moreover, sheer number and/or similarity of instant arrests suggested defendant's actual guilt.

U.S. v. Garcia-Ugarte

Federal 7th Circuit Court
U.S. v. Garcia-Ugarte
Criminal Court
Sentencing
Citation
Case Number: 
No. 11-1990
Decision Date: 
July 27, 2012
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant to 57-month term of incarceration on charge of illegal reentry into U.S. after having been deported. While defendant argued that he was entitled to have his federal sentence served concurrently with his federal sentence where federal immigration authorities delayed his prosecution since Dist. Ct. could reasonably find that defendant was not entitled to concurrent sentence treatment given fact that his state-court conviction for attempted aggravated kidnapping was different in kind than his federal charge. Dist. Ct. could also reasonably reject defendant's claim that lack of fast-track program required downward departure where defendant had significant criminal history.