Criminal Law

U.S. v. Wysinger

Federal 7th Circuit Court
U.S. v. Wysinger
Criminal Court
Confession
Citation
Case Number: 
No. 10-3894
Decision Date: 
June 22, 2012
Federal District: 
S.D. Ill.
Holding: 
Vacated and remanded
In prosecution on drug distribution charges, Dist. Ct. erred in admitting defendant’s video-tapped statement containing inculpatory evidence made at police station after his arrest where Ct. of Appeals found that police gave inadequate Miranda warning that erroneously suggested that defendant had to choose between having lawyer present before police questioning or during said questioning, and where police used various tactics to both confuse defendant as to start of police questioning and to divert him from exercising right to counsel. Moreover, error was not harmless where majority of evidence against defendant came from cooperating co-conspirators who had strong motives to lie and cast blame away from themselves.

In re Commitment of Brown

In re Commitment of Brown
Illinois Appellate Court
Criminal Court
Sexually Violent Persons Commitment Act
Citation
Case Number: 
2012 IL App (2d) 110116
Decision Date: 
Monday, June 11, 2012
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
ZENOFF
Respondent was found by jury to be a sexually violent person and court committed him to DHS. Respondent was not deprived of evidence of equal quality with State's evidence, as Respondent presented expert testimony of psychologist who had multiple personal interviews with Respondent, which State did not have. Court did not err in allowing DOC's clinical psychologist to perform additional evaluation of Respondent. Court within its discretion in denying conditional release, as Respondent had no support system, had antipathy toward treatment, and was age 53 with no employment skills. (HUTCHINSON and HUDSON, concurring.)

People v. Gamino

People v. Gamino
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2012 IL App (1st) 101077
Decision Date: 
Thursday, June 21, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Reversed and remanded with directions.
Justice: 
FITZGERALD SMITH
Defendant was convicted of first degree murder, and filed postconviction petition alleging ineffective assistance of counsel, in that his trial counsel concealed from him that disciplinary proceedings were pending against her and she had been placed under interim suspension prior to his trial. Remanded for determination of critical disputed fact whether trial counsel was under suspension and unauthorized to practice law during trial. (LAVIN and STERBA, concurring.)

People v. Burse

People v. Burse
Illinois Appellate Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
2012 IL App (4th) 100973
Decision Date: 
Friday, June 15, 2012
District: 
4th Dist.
Division/County: 
Pike Co.
Holding: 
Affirmed.
Justice: 
POPE
Per fully negotiated agreement, Defendant was sentenced to 24 months' probation for attempted delivery of controlled substance. Sentence was not a mere recommendation but a fully negotiated agreement, in which reduced charge was filed as part of negotiations and Defendant avoided conviction on higher-class felonies with mandatory prison time. Thus, Defendant benefitted from bargain with State and his conviction cannot be viewed as a nullity, regardless of preemption of general attempt statute by Illinois Controlled Substances Act. (STEIGMANN and APPLETON, concurring.)

People v. Couch

People v. Couch
Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2012 IL App (4th) 100234
Decision Date: 
Friday, June 15, 2012
District: 
4th Dist.
Division/County: 
Vermilion Co.
Holding: 
Affirmed.
Justice: 
KNECHT
Court properly dismissed as frivolous and patently without merit Defendant's postconviction petition, as no affidavits, records, or other evidence to support claims were attached to petition, and Defendant offered no explanation for their absence. (TURNER, concurring; STEIGMANN, specially concurring.)

People v. Johnson

People v. Johnson
Illinois Appellate Court
Criminal Court
Fines and Fees
Citation
Case Number: 
2012 IL App (1st) 111378
Decision Date: 
Tuesday, June 19, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
QUINN
Defendant was convicted, after jury trial, of first degree murder and other related offenses. Court dismissed Defendant's postconviction petition as frivolous, and dismissed as frivolous Defendant's Section 2-1401 petition for relief from judgment filed more than two years later. Court properly assessed $90 filing fee, and $50 State's Attorney fee, to be paid by deduction from Defendant's prisoner account, for filing of frivolous petition. (CUNNINGHAM and HARRIS, concurring.)

People v. Nitz

People v. Nitz
Illinois Appellate Court
Criminal Court
Notice
Citation
Case Number: 
2012 IL App (2d) 091165
Decision Date: 
Monday, June 18, 2012
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed as modified.
Justice: 
ZENOFF
Defendant was convicted of theft and sentenced to 12 years imprisonment. Sua sponte dismissal of Section 2-1401 petition for relief from judgment was proper, as court did not have before it a proper pleading, as Defendant failed to give State notice of filing of petition, but dismissal should have been without prejudice. (HUTCHINSON and HUDSON, concurring.)

Senate Bill 3552

Topic: 
Personal property exemptions
Senate Bill 3552 (Sandack, R-Lombard; Mathias, R-Buffalo Grove) exempts from judgment a revocable or irrevocable trust that names the wife or husband of the insured or which names child, parent, or other person dependent upon the insured as the primary beneficiary of the trust. Passed both chambers.
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