Illinois Case Commentaries

Immunity of Joint Ventures and Co-Ventrurers under the Workers' Compensation Act

Date: Dec 19, 2008

Immunity of Joint Ventures and Co-Ventrurers under the Workers' Compensation Act Introduction The case of Daniel Ioerger et al. v. Halverson Construction Company, Inc. (232 Ill. 2d 196) presents a...

Balancing Confrontation Rights and Evidentiary Reliability: Illinois Supreme Court's Take on Testimonial Hearsay in Juvenile Sexual Assault Cases

Date: Nov 21, 2008

Balancing Confrontation Rights and Evidentiary Reliability: Illinois Supreme Court's Take on Testimonial Hearsay in Juvenile Sexual Assault Cases Introduction The case of IN RE ROLANDIS G., a Minor...

Finality and Appealability of Dissolution Orders with Pending Contempt Petitions: Insights from In re Marriage of Gutman

Date: Nov 21, 2008

Finality and Appealability of Dissolution Orders with Pending Contempt Petitions: Insights from In re Marriage of Gutman Introduction The case of In re Marriage of Gutman, Appellee, v. Mary Gutman,...

No-Fault Dependency Provision Implies Prohibition of Termination of Parental Rights: In re E.B. et al.

Date: Nov 21, 2008

No-Fault Dependency Provision Implies Prohibition of Termination of Parental Rights: In re E.B. et al. Introduction In the landmark case In re E.B. et al. (231 Ill. 2d 459), the Supreme Court of...

MIKOLAJCZYK v. FORD MOTOR COmpany: Affirming the Dual Applicability of Consumer-Expectation and Risk-Utility Tests in Design Defect Claims

Date: Oct 18, 2008

MIKOLAJCZYK v. FORD MOTOR COmpany: Affirming the Dual Applicability of Consumer-Expectation and Risk-Utility Tests in Design Defect Claims Introduction The case of Connie Mikolajczyk, Indi v. Ford...

Illinois Supreme Court Confirms Circuit Courts' Jurisdiction Over EEOA Claims in School District Detachment Cases

Date: Oct 18, 2008

Illinois Supreme Court Confirms Circuit Courts' Jurisdiction Over EEOA Claims in School District Detachment Cases Introduction In the landmark case of The Board of Education, Joliet Township High...

Jury Waivers and Sentencing Instructions in Capital Cases: People v. Bannister

Date: Oct 18, 2008

Jury Waivers and Sentencing Instructions in Capital Cases: People v. Bannister Introduction People of the State of Illinois v. Joseph Bannister is a significant appellate decision by the Supreme...

Illinois Supreme Court Clarifies Fourth Amendment Standards in People v. Cosby and PEOPLE v. MENDOZA

Date: Sep 19, 2008

Illinois Supreme Court Clarifies Fourth Amendment Standards in People v. Cosby and PEOPLE v. MENDOZA Introduction In the consolidated cases of People of the State of Illinois v. Michael P. Cosby and...

Habeas Corpus Relief and the Validity of Consecutive Sentences: Insights from Beacham v. Walker

Date: Sep 19, 2008

Habeas Corpus Relief and the Validity of Consecutive Sentences: Insights from Beacham v. Walker Introduction Reginald L. Beacham v. Roger E. Walker, Jr. is a landmark decision by the Supreme Court of...

Collateral Estoppel and Fifth Amendment Rights in Juvenile Neglect Cases: Insights from IN RE A.W.

Date: Sep 19, 2008

Collateral Estoppel and Fifth Amendment Rights in Juvenile Neglect Cases: Insights from IN RE A.W. Introduction IN RE A.W. (231 Ill. 2d 92, 2008) is a pivotal case adjudicated by the Supreme Court of...

Dual Representation Per Se Conflict: Reversing Hernandez's Conviction

Date: Sep 19, 2008

Dual Representation Per Se Conflict: Reversing Hernandez's Conviction Introduction The case of The People of the State of Illinois v. Juan C. Hernandez establishes a critical precedent concerning...

Affirmation of Warrantless Arrest in Hot Pursuit: The People v. Robert W. Wear

Date: Jul 25, 2008

Affirmation of Warrantless Arrest in Hot Pursuit: The People v. Robert W. Wear Introduction The People of the State of Illinois v. Robert W. Wear (229 Ill. 2d 545, 2008) is a landmark decision by the...

Affirmation of the 10-Year Time Limit for Impeaching Credibility in Criminal Trials

Date: Jul 25, 2008

Affirmation of the 10-Year Time Limit for Impeaching Credibility in Criminal Trials Introduction In the landmark case THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. JOHN NAYLOR (229 Ill. 2d 584),...

Illinois Supreme Court Establishes Full Recovery of Medical Expenses Under Collateral Source Rule in WILLS v. FOSTER

Date: Jun 20, 2008

Illinois Supreme Court Establishes Full Recovery of Medical Expenses Under Collateral Source Rule in WILLS v. FOSTER Introduction In WILLS v. FOSTER, 229 Ill. 2d 393 (2008), the Supreme Court of...

Unlawful Seizure and Involuntary Confession: Enhancing Juvenile Protections under the Fourth and Fifth Amendments

Date: Jun 20, 2008

Unlawful Seizure and Involuntary Confession: Enhancing Juvenile Protections under the Fourth and Fifth Amendments Introduction In the landmark case of The People of the State of Illinois v. Mariano...

Supreme Court of Illinois Overrules Cargill: Affirms 90-Day Extension for Medical Malpractice Cases

Date: Jun 20, 2008

Supreme Court of Illinois Overrules Cargill: Affirms 90-Day Extension for Medical Malpractice Cases Introduction The case of Marjorie O'Casek v. Children's Home and Aid Society of Illinois (OSF St....

Illinois Appellate Clarifies Standards for Ineffective Assistance Claims and Bench Trial Denials in People v. McCarter

Date: Jun 7, 2008

Illinois Appellate Clarifies Standards for Ineffective Assistance Claims and Bench Trial Denials in People v. McCarter Introduction In the landmark case People of the State of Illinois v. Jamie...

Illinois Supreme Court Establishes Remedy for Ineffective Counsel: Allowing Late Appeals under the Post-Conviction Hearing Act

Date: Jun 6, 2008

Illinois Supreme Court Establishes Remedy for Ineffective Counsel: Allowing Late Appeals under the Post-Conviction Hearing Act Introduction In the landmark case of The People of the State of Illinois...

Rational Basis Standard Affirmed for Facial Substantive Due Process Challenges in Zoning Code Amendments

Date: Jun 6, 2008

Rational Basis Standard Affirmed for Facial Substantive Due Process Challenges in Zoning Code Amendments Introduction The case of Katherine R. NAPLETON v. VILLAGE OF HINSDALE addresses the...

Supreme Court of Illinois Upholds Circuit Court's Discretion to Vacate Judicial Sale Upon Mortgagor's Private Redemption

Date: May 23, 2008

Supreme Court of Illinois Upholds Circuit Court's Discretion to Vacate Judicial Sale Upon Mortgagor's Private Redemption Introduction The case of Household Bank, FSB v. Jewel Lewis et al. (Addie...