Criminal Law

U.S. v. Persfull

Federal 7th Circuit Court
U.S. v. Persfull
Criminal Court
Fraud
Citation
Case Number: 
Nos. 10-1188 & 10-2156 Cons.
Decision Date: 
October 6, 2011
Federal District: 
N.D. Ill., W. Div.
Holding: 
Affirmed
Record contained sufficient evidence to support defendant's convictions on bankruptcy fraud charges stemming from one defendant's failure to notify Trustee during defendant's bankruptcy proceeding that defendant had acquired inheritance, as well as insurance proceeds. Record showed that: (1) defendant and his co-defendant brother used sham disclaimer of any interest that defendant had in his mother's inheritance to disquise defendant's receipt of mother's property; (2) defendant made claims on mother's property that were inconsistent with disclaimer; (3) defendant's co-defendant brother acknowledged defendant's intent to keep mother's property out of bankruptcy estate; and (4) defendant failed to notify Trustee of death of defendant's mother and failed to amend his bankruptcy schedules to reflect defendant's inheritance interests. Ct rejected defendant's argument that conviction required direct evidence of fraud.

People v. Taylor

People v. Taylor
Illinois Supreme Court
Criminal Court
Evidence
Citation
Case Number: 
2011 IL 110067
Decision Date: 
Thursday, October 6, 2011
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Appellate court reversed; circuit court affirmed.
Justice: 
BURKE
High school night watchman was convicted of retail theft of cash from a locked office desk at high school. Court properly admitted surveillance videotape under "silent witness" theory, as State laid sufficient foundation and showed sufficient chain of custody. Police detective established foundation by testifying how recording was made, and showing chain of custody. Videotape could be viewed as an "original" because it was made by copying data from hard drive of digital recorder. Edits cannot affect reliability or trustworthiness of recording, and no evidence was shown that videotape was result of tampering or fabrication. (KILBRIDE, FREEMAN, THOMAS, GARMAN, KARMEIER, and THEIS, concurring.)

U.S. v. Lee

Federal 7th Circuit Court
U.S. v. Lee
Criminal Court
Restitution
Citation
Case Number: 
No. 10-3117
Decision Date: 
October 3, 2011
Federal District: 
C.D. Ill.
Holding: 
Vacated and remanded
In prosecution on fraud, money laundering and perjury charges, Dist. Ct. erred in granting govt.'s request for turnover order targeting payments plaintiff had received from three pensions to satisfy $1.587 million restitution order. Ct. agreed with defendant that Consumer Credit Protection Act limited any garnishment of defendant's periodic pension fund payments to 25 percent of such payments. Fact that said funds did not represent actual wages was irrelevant.

People v. Weeks

People v. Weeks
Illinois Appellate Court
Criminal Court
Insanity Defense
Citation
Case Number: 
2011 IL App (1st) 100395
Decision Date: 
Tuesday, September 27, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
CONNORS
Defendant, after jury trial, was found guilty but mentally ill of aggravated criminal sexual assault and attempted murder. Jury heard conflicting opinions from two expert witnesses as to whether Defendant could appreciate criminality of his actions when he attacked victim. No indication that expert who concluded that Defendant was sane came to this conclusion arbitrarily. Court was within its discretion in denying defense motion for trial continuance, based primarily on defense counsel's lack of diligence in trial preparation by not arranging for defense expert to complete his evaluation of Defendant. However, expert was able to do evalution immediately after hearing, and thus Defendant was be prejudiced, and thus no ineffective assitance of counsel.(QUINN and CUNNINGHAM, concurring.)

People v. Dopson

People v. Dopson
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2011 IL App (4th) 100014
Decision Date: 
Wednesday, September 28, 2011
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Reversed and remanded.
Justice: 
STEIGMANN
Defendant was convicted, after bench trial, of delivery of a controlled substance. Defendant alleged ineffective assistance of counsel, in that his trial counsel was operating under per se conflict of interest from his prior and contemporaneous representation of confidential informant who had made a controlled buy of cocaine which led to Defendant's arrest. Even though defense counsel was not representing informant at time of Defendant's trial, his representation of informant, who was an "entity assisting the prosecution", was prior or contemporaneous to his representation of Defendant. Thus, defense counsel had a per se conflict of interest that Defendant was unable to waive because he was not aware that such a conflict existed. (APPLETON and COOK, concurring.)

People v. Dillavou

People v. Dillavou
Illinois Appellate Court
Criminal Court
Burglary
Citation
Case Number: 
2011 IL App (2d) 091194
Decision Date: 
Wednesday, September 28, 2011
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN
Defendant was convicted, after bench trial, of residential burglary. Defendant had been hired by general contractor to replace windows in victims' home, and took a red pouch, containing a camera, from kitchen counter. A person commits residential burglary if, while inside a house in which he has the authority to be, he forms the intent to commit a theft therein. Rational trier of fact could find Defendant guilty beyond a reasonable doubt. Defendant made statements, inconsistent with evidence, that he believed that pouch contained a tape measure when he removed it from home along with other tools, but those tools were located in another room. State is not required to prove that a defendant had intent to commit a theft before entering a residence. (McLAREN and BOWMAN, concurring.)

People v. Olsson

People v. Olsson
Illinois Appellate Court
Criminal Court
Sex Offender Registration and Notification Act
Citation
Case Number: 
2011 IL App (2d) 091351
Decision Date: 
Thursday, September 22, 2011
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed as modified.
Justice: 
ZENOFF
Court entered order certifying Defendant as a sex offender, subjecting him to mandatory lifetime registration. Defendant had been found unfit to stand trial on charges in two sex abuse cases. After discharge hearing, court found him not not guilty on three counts, and not guilty on one count in one case; and directed finding on one count and not not guilty on other count. Legislature did not intend for a finding of not not guilty at discharge hearing to be an adjudication for purposes of Sex Offender Registration Act, and did not intend Defendant with such outcome to qualify as a sexual predator under the Act. Defendant was thus not subject to lifetime registration, but to registration for period of 10 years. (BOWMAN and HUTCHINSON, concurring.)

People v. Vesey

People v. Vesey
Illinois Appellate Court
Criminal Court
Voir Dire
Citation
Case Number: 
2011 IL App (3d) 090570
Decision Date: 
Tuesday, September 27, 2011
District: 
3d Dist.
Division/County: 
Rock Island Co.
Holding: 
Reversed and remanded.
Justice: 
HOLDRIDGE
Defendant was convicted, after jury trial, of possession of controlled substance. Court erred in failure to comply with Rule 431(b) in voir dire. Some jurors were not asked about some of the Rule 431(b) principles, and no jurors were asked whether they understood and accepted that Defendant's refusal to testify could not be held against her. Four jurors were not asked if they accepted presumption of innocence or State's burden of proof. Evidence was closely balanced, and key was Defendant's word against officer's word, as to whether package of cocaine found on floor had been in Defendant's clothesThus, court's error was automatically prejudicial. (CARTER and O'BRIEN, concurring.)

People v. Lara

Illinois Supreme Court PLAs
People v. Lara
Criminal Court
Reasonable Doubt
Citation
PLA issue Date: 
September 28, 2011
Docket Number: 
No. 112370
District: 
1st Dist.
This case presents question as to whether defendant was properly convicted of predatory criminal sexual assault for inserting his finger into vagina of 8-year old girl? Appellate Court, in finding that evidence supported only conviction for lesser-included offense of aggravated criminal sexual abuse, found that govt. had failed to present any evidence to corroborate defendant’s confession that he had placed finger inside victim’s vagina. In its petition for leave to appeal, govt. argued that evidence independent of confession need not prove charged offense beyond reasonable doubt nor be so strong that it establishes corpus delicti on its own.

People v. Phillips

Illinois Supreme Court PLAs
Criminal Court
Evidence
Citation
PLA issue Date: 
September 28, 2011
Docket Number: 
No. 112293
District: 
1st Dist. Rule 23 Order.
This case presents question as to whether trial court, in prosecution on murder and attempted murder charges, properly introduced grand jury testimonies of three witnesses identifying defendant as culprit where, at trial, said witnesses denied identifying defendant as culprit when speaking to police at police station? Appellate Court rejected defendant’s argument that grand jury testimonies were inadmissible prior consistent statements even though they were consistent with written statements made by said witnesses that had been previously introduced into evidence, where grand jury testimonies were contradictory to said witnesses’ trial testimonies. Appellate Court also rejected defendant’s argument that prosecutor made improper reference to gang activity during closing argument, and that trial court erred under section 115-12 in admitting hearsay statements of several witnesses that inculpated defendant and were made prior to any identification procedures being conducted.