Illinois Case Commentaries

Clarifying Citizen Suit Limitations Under Section 8.05(a) of the Surface Coal Mining Act

Date: Feb 3, 2012

Clarifying Citizen Suit Limitations Under Section 8.05(a) of the Surface Coal Mining Act Introduction In the landmark case CITIZENS OPPOSING POLLUTION v. EXXONMOBIL COAL U.S.A., the Supreme Court of...

Illinois Supreme Court Affirms 'No Harmless Error' Rule for Physically Coerced Confessions in Successive Postconviction Petitions

Date: Feb 3, 2012

Illinois Supreme Court Affirms 'No Harmless Error' Rule for Physically Coerced Confessions in Successive Postconviction Petitions Introduction In the landmark decision of The PEOPLE of the State of...

Mandatory Second Degree Murder Instructions in Self-Defense Cases: An Analysis of People v. Mal

Date: Jan 21, 2012

Mandatory Second Degree Murder Instructions in Self-Defense Cases: An Analysis of People v. Mal Introduction The case of The People of the State of Illinois v. Malvin Washington (357 Ill. Dec. 1)...

Vacuating Improperly Imposed Public Defender Fees by Circuit Clerks

Date: Jan 21, 2012

Vacuating Improperly Imposed Public Defender Fees by Circuit Clerks Introduction The case of The People of the State of Illinois v. Elias Gutierrez, decided by the Supreme Court of Illinois on...

Indeterminate Mandatory Supervised Release Terms in Criminal Sexual Assault Cases: A Comprehensive Analysis

Date: Jan 21, 2012

Indeterminate Mandatory Supervised Release Terms in Criminal Sexual Assault Cases: A Comprehensive Analysis Introduction The landmark decision in The PEOPLE of the State of Illinois v. Thomas S....

Prosecutorial Limitations on Arguing Law Enforcement Credibility: Insights from People v. Romney Adams

Date: Jan 21, 2012

Prosecutorial Limitations on Arguing Law Enforcement Credibility: Insights from People v. Romney Adams Introduction People v. Romney Adams is a pivotal judgment delivered by the Supreme Court of...

Reaffirming the Scope of the Illinois Citizen Participation Act: Limiting Anti-SLAPP Protections to Meritless Litigation

Date: Jan 21, 2012

Reaffirming the Scope of the Illinois Citizen Participation Act: Limiting Anti-SLAPP Protections to Meritless Litigation Introduction The case of Ste v. Sandholm, decided on January 20, 2012, by the...

Preliminary Inquiry Mandate for Pro Se Ineffective Assistance Claims in Illinois

Date: Dec 31, 2011

Preliminary Inquiry Mandate for Pro Se Ineffective Assistance Claims in Illinois Introduction The case of The PEOPLE of the State of Illinois v. Tyron L. Patrick (355 Ill. Dec. 943, 2011) addresses...

Illinois Supreme Court Establishes Right to Withdraw Plea Following Incomplete Admonishments on Restitution

Date: Dec 2, 2011

Illinois Supreme Court Establishes Right to Withdraw Plea Following Incomplete Admonishments on Restitution Introduction The case of The People of the State of Illinois v. Deandra Snyder, decided by...

Ensuring Procedural Due Process in Terminating Parental Rights: IN RE HALEY D.

Date: Dec 2, 2011

Ensuring Procedural Due Process in Terminating Parental Rights: IN RE HALEY D. Introduction IN RE HALEY D. is a seminal decision by the Supreme Court of Illinois that addresses the critical issue of...

Obligation Trigger for Employer Health Insurance Premiums Under PSEBA: Insights from Don NOWAK v. CITY OF COUNTRY CLUB HILLS

Date: Dec 2, 2011

Obligation Trigger for Employer Health Insurance Premiums Under PSEBA: Insights from Don NOWAK v. CITY OF COUNTRY CLUB HILLS Introduction Don NOWAK v. CITY OF COUNTRY CLUB HILLS, decided by the...

Illinois Supreme Court Defines "Proceeds" in Money Laundering Statute as "Gross Receipts"

Date: Dec 2, 2011

Illinois Supreme Court Defines "Proceeds" in Money Laundering Statute as "Gross Receipts" Introduction In the landmark case The People of the State of Illinois v. Irit Gutman, decided on December 1,...

Illinois Supreme Court Reinforces Limited Jury Trial Rights for Juveniles and Upholds Shackling Practices

Date: Nov 29, 2011

Illinois Supreme Court Reinforces Limited Jury Trial Rights for Juveniles and Upholds Shackling Practices Introduction The case of In re Jonathon C.B., a Minor brought before the Supreme Court of...

Silent Witness Videotape Evidence: Affirming Proper Foundation for Admissibility

Date: Oct 7, 2011

Silent Witness Videotape Evidence: Affirming Proper Foundation for Admissibility Introduction The case of The People of the State of Illinois v. Teryck Taylor addressed significant issues concerning...

Reaffirmation of Risk-Utility Balancing in Negligent-Product-Design and Clarification on Postsale Duty to Warn in Illinois

Date: Sep 23, 2011

Reaffirmation of Risk-Utility Balancing in Negligent-Product-Design and Clarification on Postsale Duty to Warn in Illinois Introduction In the landmark case of Dora Mae Jablonski et al. v. Ford Motor...

Admissibility of Acquittal Evidence under Illinois Code of Criminal Procedure: Comprehensive Commentary on People v. Perry Ward

Date: Jun 17, 2011

Admissibility of Acquittal Evidence under Illinois Code of Criminal Procedure: Comprehensive Commentary on People v. Perry Ward Introduction In the landmark case of The People of the State of...

Mandatory Sentencing Enhancements and Plea Agreements: Insights from People v. White (2011)

Date: Jun 17, 2011

Mandatory Sentencing Enhancements and Plea Agreements: Insights from People v. White (2011) Introduction People v. White (2011 IL 109616) is a landmark decision by the Supreme Court of Illinois that...

Statute of Repose in Legal Malpractice: SNYDER v. HEIDELBERGER

Date: Jun 17, 2011

Application of Statute of Repose in Legal Malpractice: SNYDER v. HEIDELBERGER Introduction The case of Judith J. Snyder v. Elliot Heidelberger serves as a pivotal decision in Illinois jurisprudence...

Single DNA Sample Submission and Fee Enforcement Under Illinois Statute: Insights from PEOPLE v. MARSHALL

Date: May 20, 2011

Single DNA Sample Submission and Fee Enforcement Under Illinois Statute: Insights from PEOPLE v. MARSHALL Introduction In the landmark case of People of the State of Illinois v. Earl Lee Marshall...

Supreme Court of Illinois Establishes Entitlement to Judgment Interest under CPC Section 2-1303 in Property Tax Refund Cases

Date: May 20, 2011

Supreme Court of Illinois Establishes Entitlement to Judgment Interest under CPC Section 2-1303 in Property Tax Refund Cases Introduction In the case of General Motors Corporation et al. v. Maria...