Illinois Case Commentaries

Affirmation of Aggravated Unlawful Use of a Weapon Over Unlawful Possession: Key Insights from PEOPLE v. JOHNSON

Date: Apr 16, 2010

Affirmation of Aggravated Unlawful Use of a Weapon Over Unlawful Possession: Key Insights from PEOPLE v. JOHNSON Introduction The case of The People of the State of Illinois v. Raymond Johnson (237...

Affirmation of Non-Triggering of Krankel Inquiry for Implicit Claims of Ineffective Assistance of Counsel in Illinois

Date: Apr 16, 2010

Affirmation of Non-Triggering of Krankel Inquiry for Implicit Claims of Ineffective Assistance of Counsel in Illinois Introduction In the landmark case of The People of the State of Illinois v....

Unreviewable Deferral of Motions in Limine When Defendants Choose Not to Testify

Date: Apr 16, 2010

Unreviewable Deferral of Motions in Limine When Defendants Choose Not to Testify Introduction In the landmark case The People of the State of Illinois v. Warren Averett and David Tucker (237 Ill. 2d...

Illinois Supreme Court Establishes $20 Handling Fee for Medical Records as Per Se Reasonable

Date: Mar 19, 2010

Illinois Supreme Court Establishes $20 Handling Fee for Medical Records as Per Se Reasonable Introduction In the landmark case of Walter Solon et al. v. Midwest Medical Records Association, Inc., the...

Joint Representation of Codefendants and Effective Assistance of Counsel: Insights from People v. Taylor

Date: Mar 19, 2010

Joint Representation of Codefendants and Effective Assistance of Counsel: Insights from People v. Taylor Introduction People v. Taylor, 237 Ill. 2d 356 (2010), is a significant Supreme Court of...

Illinois Supreme Court Upholds Concurrent Aggravated DUI and DWLR Convictions: Clarifying One-Act, One-Crime Doctrine

Date: Mar 19, 2010

Illinois Supreme Court Upholds Concurrent Aggravated DUI and DWLR Convictions: Clarifying One-Act, One-Crime Doctrine Introduction The case of The People of the State of Illinois v. Jorge Nunez,...

Strict Standards for Charitable Property Tax Exemptions: Provena Hospitals v. Department of Revenue Establishes High Threshold for Eligibility

Date: Mar 19, 2010

Strict Standards for Charitable Property Tax Exemptions: Provena Hospitals v. Department of Revenue Establishes High Threshold for Eligibility Introduction In Provena Covenant Medical Center et al....

Illinois Supreme Court Prohibits Exclusion of Underinsured Motorist Coverage for Occupants in Liability Policies

Date: Mar 19, 2010

Illinois Supreme Court Prohibits Exclusion of Underinsured Motorist Coverage for Occupants in Liability Policies Introduction The landmark case, KENNETH W. SCHULTZ, Appellee, v. ILLINOIS FARMERS...

Affirmation of Death Sentence in People v. Banks: An In-Depth Legal Analysis

Date: Feb 20, 2010

Affirmation of Death Sentence in People v. Banks: An In-Depth Legal Analysis 1. Introduction People of the State of Illinois v. Dion Banks (237 Ill. 2d 154) represents a pivotal case adjudicated by...

Termination of Parental Rights under Section 1(D)(m)(iii) of the Adoption Act: Incarceration Does Not Toll the Statutory Period

Date: Feb 20, 2010

Termination of Parental Rights under Section 1(D)(m)(iii) of the Adoption Act: Incarceration Does Not Toll the Statutory Period Introduction The case of In re J.L. et al., Minors (236 Ill. 2d 329)...

General Acceptance of Horizontal Gaze Nystagmus (HGN) Test under Frye Standard Confirmed in PEOPLE v. McKOWN

Date: Feb 20, 2010

General Acceptance of Horizontal Gaze Nystagmus (HGN) Test under Frye Standard Confirmed in PEOPLE v. McKOWN Introduction In PEOPLE v. McKOWN, 236 Ill. 2d 278 (2010), the Supreme Court of Illinois...

Separation of Powers Violation in Medical Malpractice Damages Caps

Date: Feb 5, 2010

Separation of Powers Violation in Medical Malpractice Damages Caps Introduction The Illinois Supreme Court's decision in Abigaile Lebron, a Minor, et al. v. Gottlieb Memorial Hospital et al., 237...

Affirming the Argable Basis Requirement: Comprehensive Analysis of People v. Brown

Date: Feb 5, 2010

Affirming the Argable Basis Requirement: Comprehensive Analysis of People v. Brown Introduction People v. Brown, 236 Ill. 2d 175 (2010), stands as a pivotal case in Illinois jurisprudence,...

Successive Postconviction Petition Requirements and Appellate Review: The Tidwell Decision

Date: Jan 23, 2010

Successive Postconviction Petition Requirements and Appellate Review: The Tidwell Decision Introduction In The People of the State of Illinois v. Cleother Tidwell, 236 Ill. 2d 150 (2010), the Supreme...

People v. Morris and Holborow: Clarifying the Retroactivity of New Rules in Postconviction Petitions

Date: Jan 23, 2010

People v. Morris and Holborow: Clarifying the Retroactivity of New Rules in Postconviction Petitions Introduction In the landmark case of People v. Morris and Holborow, the Supreme Court of Illinois...

Supreme Court of Illinois Limits Retroactive Application of Fire Investigation Act to Protect Due Process Rights in Lazenby v. Mark's Construction

Date: Jan 23, 2010

Supreme Court of Illinois Limits Retroactive Application of Fire Investigation Act to Protect Due Process Rights in Lazenby v. Mark's Construction Introduction Case Overview The case of Wedge C....

Affirmation of Commission's Findings on Credibility in Workers' Compensation Claims

Date: Dec 30, 2009

Affirmation of Commission's Findings on Credibility in Workers' Compensation Claims Introduction The case of Jerry Hosteny v. Illinois Workers' Compensation Commission et al. addresses pivotal issues...

Juror Dismissal in Capital Sentencing: Reaffirming Due Process Protections

Date: Dec 18, 2009

Juror Dismissal in Capital Sentencing: Reaffirming Due Process Protections Introduction In the landmark case of The People of the State of Illinois v. Brian Nelson, 235 Ill. 2d 386 (2009), the...

Limits on Consumer Fraud Claims in Pharmaceutical Withdrawals: DE BOUSE v. BAYER AG

Date: Dec 18, 2009

Limits on Consumer Fraud Claims in Pharmaceutical Withdrawals: DE BOUSE v. BAYER AG Introduction The case Teresa De Bouse, Appellee, v. Bayer AG et al., Appellants (235 Ill. 2d 544) adjudicated by...

Mandatory vs. Directory: Illinois Supreme Court Clarifies Admonishment Requirements in Plea Proceedings

Date: Dec 18, 2009

Mandatory vs. Directory: Illinois Supreme Court Clarifies Admonishment Requirements in Plea Proceedings Introduction In the landmark case of THE PEOPLE OF THE STATE OF ILLINOIS v. LEOBARDO DELVILLAR,...