Illinois Case Commentaries

Illinois Supreme Court Establishes Clear Standards for True Threats in Stalking Cases

Date: Jan 25, 2020

Illinois Supreme Court Establishes Clear Standards for True Threats in Stalking Cases Introduction The case of The People of the State of Illinois v. Marshall Ashley (443 Ill. Dec. 566) represents a...

People v. King: Clarifying the Limits of Expert Witness Testimony in Illinois

Date: Jan 25, 2020

People v. King: Clarifying the Limits of Expert Witness Testimony in Illinois Introduction In the landmark case of The People of the State of Illinois v. Shadwick R. King (443 Ill. Dec. 19), the...

No Stacking of Liability Limits in Multivehicle Auto Insurance Policies: Hess v. Estate of Klamm

Date: Jan 25, 2020

No Stacking of Liability Limits in Multivehicle Auto Insurance Policies: Hess v. Estate of Klamm Introduction The case of Loretta Hess et al. v. The Estate of TJay Klamm, Deceased, et al.,...

Defendant-Initiated Ineffective Assistance of Counsel Claims: A New Precedent Set by People v. Quentin Bates

Date: Nov 22, 2019

Defendant-Initiated Ineffective Assistance of Counsel Claims: A New Precedent Set by People v. Quentin Bates Introduction People v. Quentin Bates is a landmark decision by the Supreme Court of the...

Clarifying the One-Act, One-Crime Rule: Illinois Supreme Court Upholds Separate Convictions for Robbery and Aggravated Battery

Date: Sep 20, 2019

Clarifying the One-Act, One-Crime Rule: Illinois Supreme Court Upholds Separate Convictions for Robbery and Aggravated Battery Introduction In the landmark case of The People of the State of Illinois...

Limits of Extending Krankel Proceedings to Postconviction Counsel Claims

Date: Sep 20, 2019

Limits of Extending Krankel Proceedings to Postconviction Counsel Claims Introduction The case of The People of the State of Illinois v. John Michael Custer (440 Ill. Dec. 604) addresses a pivotal...

Illinois Supreme Court Strikes Down Area Liability Provision in Drug Dealer Liability Act

Date: Mar 22, 2019

Illinois Supreme Court Strikes Down Area Liability Provision in Drug Dealer Liability Act Introduction In the landmark case of NOAH WINGERT, a Minor, by His Mother and Next Friend, Cassandra Lee...

Double Jeopardy Clause and Retrial: The People v. Gerald Drake

Date: Mar 22, 2019

Double Jeopardy Clause and Retrial: The People v. Gerald Drake Introduction In the landmark case of The People of the State of Illinois v. Gerald Drake, 433 Ill. Dec. 197 (2019), the Supreme Court of...

Beaman v. Freesmeyer: Refining the 'Commencement or Continuance' Standard in Malicious Prosecution

Date: Feb 8, 2019

Beaman v. Freesmeyer: Refining the 'Commencement or Continuance' Standard in Malicious Prosecution Introduction Beaman v. Freesmeyer et al., 433 Ill. Dec. 130 (2019), is a pivotal case adjudicated by...

Expanded Rights under Illinois Biometric Information Privacy Act: Defining "Aggrieved Person"

Date: Jan 26, 2019

Expanded Rights under Illinois Biometric Information Privacy Act: Defining "Aggrieved Person" Introduction The landmark case Stacy Rosenbach v. Six Flags Entertainment Corporation et al. (432 Ill....

Right to Reasonable Assistance of Counsel in Initial Postconviction Proceedings: People v. Johnson

Date: Nov 30, 2018

Right to Reasonable Assistance of Counsel in Initial Postconviction Proceedings: People v. Johnson Introduction People of the State of Illinois v. Granville S. Johnson is a landmark decision by the...

Compliance with Updated Rules: The People v. Jordan Easton – A Landmark Decision on Rule 604(d) and Retroactivity

Date: Nov 30, 2018

Compliance with Updated Rules: The People v. Jordan Easton – A Landmark Decision on Rule 604(d) and Retroactivity Introduction In The People of the State of Illinois v. Jordan Easton (429 Ill. Dec....

Dupree v. The People of Illinois: Clarifying Affidavit Requirements in Ineffective Assistance Claims

Date: Nov 2, 2018

Dupree v. The People of Illinois: Clarifying Affidavit Requirements in Ineffective Assistance Claims Introduction Dupree v. The People of Illinois, 2018 IL 122307, adjudicated by the Supreme Court of...

Accrual of Cause of Action in Negligent Insurance Procurement: American Family Mutual Insurance Company v. Walter Krop et al.

Date: Oct 19, 2018

Accrual of Cause of Action in Negligent Insurance Procurement: American Family Mutual Insurance Company v. Walter Krop et al. Introduction The case of American Family Mutual Insurance Company v....

Illinois Supreme Court Affirms Age 18 as Threshold in Proportionate Penalties Clause: Harris v. The People of Illinois

Date: Oct 19, 2018

Illinois Supreme Court Affirms Age 18 as Threshold in Proportionate Penalties Clause: Harris v. The People of Illinois Introduction In the landmark case of The People of the State of Illinois,...

Illinois Supreme Court Affirms Enhanced Drug Delivery Penalty Based on Apparent Use of Religious Property

Date: Oct 19, 2018

Illinois Supreme Court Affirms Enhanced Drug Delivery Penalty Based on Apparent Use of Religious Property Introduction The case of The People of the State of Illinois v. Jafaria Deforrest Newton (427...

Reinstatement of Nonmanufacturer Defendants under Section 2-621(b)(4): A New Interpretation

Date: Oct 19, 2018

Reinstatement of Nonmanufacturer Defendants under Section 2-621(b)(4): A New Interpretation Introduction The case of Martin Cassidy v. China Vitamins, LLC (427 Ill. Dec. 892) marks a significant...

Illinois Supreme Court Establishes Precedent on the Invalidity of Using Facially Unconstitutional Convictions in Parental Rights Termination

Date: Aug 10, 2018

Illinois Supreme Court Establishes Precedent on the Invalidity of Using Facially Unconstitutional Convictions in Parental Rights Termination Introduction The Illinois Supreme Court, in In re N.G., a...

Reinforcing Municipal Duty of Care: Limits of Tort Immunity in Illinois

Date: Aug 3, 2018

Reinforcing Municipal Duty of Care: Limits of Tort Immunity in Illinois Introduction Barbara Monson v. The City of Danville represents a pivotal case in Illinois jurisprudence concerning the limits...

Affirming Legislative Authority: Illinois Validates Restrictions on Sex Offenders in Public Parks Under Substantive Due Process

Date: Apr 6, 2018

Affirming Legislative Authority: Illinois Validates Restrictions on Sex Offenders in Public Parks Under Substantive Due Process Introduction In the landmark case of The People of the State of...