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  • Commentaries
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Illinois Case Commentaries

People v. Class (2025): Appellate Reassignment on Remand in Postconviction Cases Limited to Bias or Probability of Bias; Rule 615(b)(2) Authority Clarified and Serrano Overruled

People v. Class (2025): Appellate Reassignment on Remand in Postconviction Cases Limited to Bias or Probability of Bias; Rule 615(b)(2) Authority Clarified and Serrano Overruled

Date: Aug 31, 2025
People v. Class (2025): Appellate Reassignment on Remand in Postconviction Cases Limited to Bias or Probability of Bias; Rule 615(b)(2) Authority Clarified and Serrano Overruled Introduction In...
People v. Muhammad (2025): Redefining “Tortured Confession” under the TIRC Act and Establishing the “Actual-Conflict” Standard for Rescinding a Special Prosecutor in Illinois

People v. Muhammad (2025): Redefining “Tortured Confession” under the TIRC Act and Establishing the “Actual-Conflict” Standard for Rescinding a Special Prosecutor in Illinois

Date: Jul 13, 2025
People v. Muhammad (2025 IL 130470) Redefining “Tortured Confession” under the Illinois TIRC Act & Clarifying the Evidence Required to Remove a Special Prosecutor under § 3-9008(a-10)...
People v. Thompson (2025): Illinois Supreme Court Endorses Shall-Issue Licensing as Constitutional After Bruen

People v. Thompson (2025): Illinois Supreme Court Endorses Shall-Issue Licensing as Constitutional After Bruen

Date: Jun 27, 2025
People v. Thompson (2025 IL 129965) Illinois Supreme Court Endorses Shall-Issue Licensing as Constitutional After Bruen Introduction In People v. Thompson, the Illinois Supreme Court confronted a...
“Mere Possession” as the Outer Limit: People v. Hoffman and the Narrowing of Illinois’ Sentence-Reduction Statute

“Mere Possession” as the Outer Limit: People v. Hoffman and the Narrowing of Illinois’ Sentence-Reduction Statute

Date: Jun 27, 2025
“Mere Possession” as the Outer Limit: People v. Hoffman (2025) and the Narrowing of § 5-4-1(c-1.5) of the Illinois Unified Code of Corrections I. Introduction In People v. Hoffman, 2025 IL 130344,...
People v. Smart (2025 IL 130127): Admissibility of Other-Acts Evidence to Prove Intent in Specific-Intent Crimes and Harmless-Error in Bench Trials

People v. Smart (2025 IL 130127): Admissibility of Other-Acts Evidence to Prove Intent in Specific-Intent Crimes and Harmless-Error in Bench Trials

Date: Jun 10, 2025
People v. Smart (2025 IL 130127): Admissibility of Other-Acts Evidence to Prove Intent in Specific-Intent Crimes and Harmless-Error in Bench Trials Introduction This Supreme Court of Illinois...
Parole Review Statute for Emerging Adults Precludes De Facto Life Sentences: People v. Spencer

Parole Review Statute for Emerging Adults Precludes De Facto Life Sentences: People v. Spencer

Date: Jun 10, 2025
Parole Review Statute for Emerging Adults Precludes De Facto Life Sentences: People v. Spencer Introduction People v. Spencer, 2025 IL 130015, is a landmark decision by the Supreme Court of Illinois...
Village of Lincolnshire v. Olvera: Municipal Authority Under Section 16-102(c) and Evidentiary Standards for Cannabis DUI

Village of Lincolnshire v. Olvera: Municipal Authority Under Section 16-102(c) and Evidentiary Standards for Cannabis DUI

Date: May 23, 2025
Village of Lincolnshire v. Olvera: Municipal Authority Under Section 16-102(c) and Evidentiary Standards for Cannabis DUI Introduction The Supreme Court of Illinois decided Village of Lincolnshire v....
Strict Time Limits for Appellate Jurisdiction After Post-Plea Motions

Strict Time Limits for Appellate Jurisdiction After Post-Plea Motions

Date: May 23, 2025
Strict Time Limits for Appellate Jurisdiction After Post-Plea Motions Introduction In People v. Dyas (2025 IL 130082), the Illinois Supreme Court reaffirmed the principle that appellate jurisdiction...
Adult Juvenile-Age Convictions Qualify as Predicate Offenses Under the Illinois Armed Habitual Criminal Statute

Adult Juvenile-Age Convictions Qualify as Predicate Offenses Under the Illinois Armed Habitual Criminal Statute

Date: May 23, 2025
Adult Juvenile-Age Convictions Qualify as Predicate Offenses Under the Illinois Armed Habitual Criminal Statute Introduction People v. Wallace, 2025 IL 130173, is a landmark decision in which the...
Illinois Supreme Court Reaffirms Non-Recognition of Civil Tort for Parental Custody Interference

Illinois Supreme Court Reaffirms Non-Recognition of Civil Tort for Parental Custody Interference

Date: May 23, 2025
Illinois Supreme Court Reaffirms Non-Recognition of Civil Tort for Parental Custody Interference Introduction In Hulsh v. Hulsh (2025 IL 130931), the Supreme Court of Illinois addressed whether...
Directory Nature of the 48-Hour Pretrial Detention Hearing Rule under Illinois’ Pretrial Fairness Act

Directory Nature of the 48-Hour Pretrial Detention Hearing Rule under Illinois’ Pretrial Fairness Act

Date: May 23, 2025
Directory Nature of the 48-Hour Pretrial Detention Hearing Rule under Illinois’ Pretrial Fairness Act Introduction People v. Cooper (2025 IL 130946) addresses a key procedural question under the...
Pretrial Fairness Act: Conditions Hearing as Sole Remedy When State Fails to Prove Detention Burden

Pretrial Fairness Act: Conditions Hearing as Sole Remedy When State Fails to Prove Detention Burden

Date: May 23, 2025
Pretrial Fairness Act: Conditions Hearing as Sole Remedy When State Fails to Prove Detention Burden Introduction People v. Cousins (2025 IL 130866) is a landmark decision by the Illinois Supreme...
Federal Preemption Does Not Void Voluntary Division of Veterans’ Disability Benefits in Marital Settlements

Federal Preemption Does Not Void Voluntary Division of Veterans’ Disability Benefits in Marital Settlements

Date: May 23, 2025
Federal Preemption Does Not Void Voluntary Division of Veterans’ Disability Benefits in Marital Settlements Introduction In In re Marriage of Tronsrue, 2025 IL 130596, the Illinois Supreme Court...
Actual Knowledge Through Third-Party Litigation Satisfies UCC §2-607 Notice Requirement

Actual Knowledge Through Third-Party Litigation Satisfies UCC §2-607 Notice Requirement

Date: May 23, 2025
Actual Knowledge Through Third-Party Litigation Satisfies UCC §2-607 Notice Requirement Introduction This commentary examines the Illinois Supreme Court’s decision in Andrews v. Carbon on 26th, LLC...
Appealability of Orders Granting New Trials in Postconviction Proceedings

Appealability of Orders Granting New Trials in Postconviction Proceedings

Date: Apr 25, 2025
Appealability of Orders Granting New Trials in Postconviction Proceedings Introduction The Supreme Court of Illinois decided People v. Harris (2025 IL 130351) on April 24, 2025. Ralph Harris had been...
Constitutional Limits on Venue Restrictions for State Constitutional Challenges

Constitutional Limits on Venue Restrictions for State Constitutional Challenges

Date: Apr 25, 2025
Constitutional Limits on Venue Restrictions for State Constitutional Challenges Introduction In Piasa Armory, LLC v. Raoul (2025 IL 130539), the Illinois Supreme Court addressed the constitutionality...
People v. Yankaway: Automatic Commencement of 160-Day Speedy-Trial Term Under Section 103-5(e) and the Prejudice Requirement in Ineffective Assistance Claims

People v. Yankaway: Automatic Commencement of 160-Day Speedy-Trial Term Under Section 103-5(e) and the Prejudice Requirement in Ineffective Assistance Claims

Date: Apr 25, 2025
People v. Yankaway: Automatic Commencement of 160-Day Speedy-Trial Term Under Section 103-5(e) and the Prejudice Requirement in Ineffective Assistance Claims Introduction The Supreme Court of...
Clarifying Intent in Attempted First Degree Murder: Intent to Kill Without Lawful Justification

Clarifying Intent in Attempted First Degree Murder: Intent to Kill Without Lawful Justification

Date: Apr 25, 2025
Clarifying Intent in Attempted First Degree Murder: Intent to Kill Without Lawful Justification Introduction In People v. Guy, 2025 IL 129967, the Illinois Supreme Court addressed a fundamental...
McCombie v. Illinois State Board of Elections: Laches Bars Untimely Original Redistricting Challenges

McCombie v. Illinois State Board of Elections: Laches Bars Untimely Original Redistricting Challenges

Date: Apr 10, 2025
McCombie v. Illinois State Board of Elections: Laches Bars Untimely Original Redistricting Challenges Introduction In McCombie v. Illinois State Board of Elections (2025 IL 131480), the Illinois...
People v. Williams: Illinois Supreme Court Clarifies Limits of “Reasonable Assistance” in Postconviction Proceedings and Rejects “Paucity-of-Record” Remand

People v. Williams: Illinois Supreme Court Clarifies Limits of “Reasonable Assistance” in Postconviction Proceedings and Rejects “Paucity-of-Record” Remand

Date: Apr 4, 2025
People v. Williams: Illinois Supreme Court Clarifies Limits of “Reasonable Assistance” in Postconviction Proceedings and Rejects “Paucity-of-Record” Remand Introduction In People v. Williams, 2025 IL...
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