Criminal Law

People v. Johnson

People v. Johnson
Illinois Supreme Court
Criminal Court
Fines and Fees
Citation
Case Number: 
2011 IL 111817
Decision Date: 
Thursday, December 1, 2011
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court affirmed.
Justice: 
FREEMAN
Defendant was convicted, after bench trial, of unlawfully possessing controlled substance, and sentenced to five years and a $200 statutory DNA analysis charge. DNA analysis charge is not a fine, as it is not punitive but compensatory, as it is a one-time charge to cover cost of analyzing sample submitted. Thus, presentence credit cannot be offset against it. (KILBRIDE, THOMAS, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)

People v. Geiger

Illinois Supreme Court PLAs
Criminal Court
Sentencing
Citation
PLA issue Date: 
November 30, 2011
Docket Number: 
No. 113181
District: 
3rd Dist. Rule 23 Order
This case presents question as to whether trial court properly sentenced defendant to 20-year term of incarceration after finding him in direct criminal contempt for failing to testify in murder trial of third-party after having been given immunity to provide said testimony? Appellate Court, in affirming instant sentence, rejected defendant's argument that said sentence was excessive where: (1) defendant's contempt hindered prosecution of murder trial involving two individuals; (2) defendant displayed contumacious attitude when refusing to testify; and (3) defendant was aware of possibility that he could be sentenced to twenty years if he refused to testify.

People v. Hughes

Illinois Supreme Court PLAs
People v. Hughes
Criminal Court
Guilty Plea
Citation
PLA issue Date: 
November 30, 2011
Docket Number: 
No. 112817
District: 
2nd Dist.
This case presents question as to whether trial court properly denied defendant's motion to withdraw his guilty plea to one count of aggravated criminal sexual abuse where govt. had previously nol-prossed count to which defendant had pleaded guilty, and where defendant had not been informed that instant guilty plea could be used as basis for filing petition to have defendant declared sexually violent person? Appellate Court, in affirming trial court, found that revestment doctrine applied so as to allow defendant to plead guilty to nol-prossed count. It further held, in distinguishing Padilla, 130 S.Ct. 1473, that possibility that govt. would file future sexually-violent-person petition was only collateral consequence of instant guilty plea, which did not serve to render plea involuntary, and that record otherwise showed that sexually-violent-person petition had been discussed with defendant prior to entry of plea.

People v. Wilmington

Illinois Supreme Court PLAs
People v. Wilmington
Criminal Court
Jury Instructions
Citation
PLA issue Date: 
November 30, 2011
Docket Number: 
No. 112938
District: 
1st Dist.
This case presents question as to whether defendant was denied fair trial in instant murder prosecution in which defendant was ultimately found guilty of first-degree murder, when trial court failed to ascertain whether defendant had consented to his counsel's tendering of jury instruction on lesser-included offense of second degree murder? Appellate Court, in affirming defendant's conviction, found that although trial court erred in failing to ask counsel in defendant's presence, whether counsel had informed defendant of potential penalties associated with lesser offense, and whether defendant agreed with tender of said instruction, any error was harmless where defendant's acknowledgement of shooting victim made it unlikely that jury could have returned not guilty verdict had instruction not been given.

U.S. v. Neal

Federal 7th Circuit Court
U.S. v. Neal
Criminal Court
Sentencing
Citation
Case Number: 
No. 11-1338
Decision Date: 
November 28, 2011
Federal District: 
S.D. Ill.
Holding: 
Affirmed
Dist. Ct. did not err in modifying terms of defendant's supervised release by increasing from 3 to possibly 52 periodic drug tests and by imposing new requirement of submission to mental health treatment. While defendant argued that Dist. Ct. lacked jurisdiction to modify drug testing requirement, Dist. Ct. had authority under 18 USC section 3583(e) to modify said requirement and did not abuse its discretion in increasing said requirement given defendant's extensive history of drug use.

Purvis v. U.S.

Federal 7th Circuit Court
Purvis v. U.S.
Civil Court
Habeas Corpus
Citation
Case Number: 
No. 10-2432
Decision Date: 
November 28, 2011
Federal District: 
N.D. Ill., W. Div.
Holding: 
Reversed and remanded
In habeas petition challenging, among other things, defendant's career offender sentence where defendant had subsequently sought and received state-court vacatur of guilty plea to conviction that had been used to support said status, Dist. Ct. erred in failing to stay consideration of habeas petition pending resolution of state court proceedings on vacated conviction and in finding that: (1) defendant's career-offender status claim was untimely; and (2) defendant's only remedy was filing of request to seek authorization to file successive habeas petition once state-court proceeding regarding said conviction was resolved. While State argued that career-offender status claim was untimely since defendant waited 12 years from date of state-court conviction to seek vacatur, defendant acted diligently where he attacked state-court conviction only 15 months after Dist. Ct. imposition of subject career-offender status. Moreover, although defendant had filed instant habeas petition prior to seeking vacatur of state-court conviction, Dist. Ct. had authority to stay resolution of habeas petition in order to allow defendant to seek said vacatur in state court. Accordingly, remand was required for determination of career-offender status claim given fact that state-court conviction has now been vacated.

Public Act 97-623

Topic: 
Medical records of deceased family members
(Wilhelmi, D-Joliet;Brady, R-Bloomington) creates a procedure and statutory form to allow certain family members to get the medical records of deceased family members without being forced to open an estate. A surviving spouse may make a written request for a copy of his or her deceased spouse’s records if: (1) An executor or administrator has not been appointed for the deceased’s estate; or (2) The deceased did not appoint an agent under a power of attorney for health care who was authorized to act for the deceased after death, and the deceased had not specifically objected to disclosure in writing. If there is no surviving spouse, the records may be released if requested in writing by (1) an adult son or daughter of the deceased, (2) a parent of the deceased, or (3) an adult brother or sister of the deceased. Senate Bill 1694 also amends the Illinois Power of Attorney for Health Care to allow an agent to access the principal’s medical records after the principal’s death if the principal has delegated that authority in the power of attorney. This Act took effect November 23, 2011.
View Full Text of Legislation

U.S. v. Kokenis

Federal 7th Circuit Court
U.S. v. Kokenis
Civil Court
Evidence
Citation
Case Number: 
No. 11-1426
Decision Date: 
November 23, 2011
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
In prosecution on charge of filing false income tax return, Dist. Ct. erred in ruling that defendant could not present evidence of good faith through testimony of other witnesses unless defendant waived his 5th Amendment rights and testified at trial; Dist. Ct. erred in believing that evidence of defendant's state of mind had to come from defendant's own testimony. However, any error was harmless where defendant's proffered evidence of good faith was properly excluded because: (1) with respect to testimony of tax expert, defendant failed to offer any evidence that he actually had relied on expert's pooling capital theory to justify failure to report income; (2) proposed testimony regarding placement of certain income into drilling fund did not explain why defendant had failed to report fund as income; and (3) proposed evidence of background information as to natural gas business was irrelevant to tax issues in case.

People v. Salas

People v. Salas
Illinois Appellate Court
Criminal Court
Jury Instructions
Citation
Case Number: 
2011 IL App (1st) 091880
Decision Date: 
Monday, November 21, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
ROCHFORD
Defendant, age 16 at time of offense, was convicted of first-degree murder and sentenced to 50 years imprisonment. Automatic transfer statute, by which 15- and 16-year olds accused of first-degree murder are automatically tried as adults, does not violate substantive or procedural due process. Court, which instructed jury on self-defense, did not abuse its discretion by failing to also instruct jury on second-degree murder or involuntary manslaughter, as evidence did not support self-defense instruction or recklessness in shooting. (HALL and KARNEZIS, concurring.)

People v. Hayes

People v. Hayes
Illinois Appellate Court
Criminal Court
Closing Argument
Citation
Case Number: 
2011 IL App (1st) 100127
Decision Date: 
Tuesday, November 15, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
HARRIS
Defendant was convicted, after jury trial, of aggravated battery with a firearm. Jury was aware of inconsistencies and of witnesses' possible motivations for testifying, and found witnesses, who testified that Defendant fired first shot, more credible than Defendant. Defense counsel exercised judgment and trial strategy in deciding to present evidence under rationale consistent with his theory of case, and in not presenting evidence of witness' violent character. No prejudice in prosecutor stating, in closing argument, that jury would receive copy of witness' redacted statement, even before jury requested it and without judge allowing it, as statement was admitted as substantive evidence and would be valuable to jury due to contradictions with trial testimony. (CUNNINGHAM and CONNORS, concurring.)