Illinois Case Commentaries

Timely Docketing of Postconviction Petitions in Illinois: The Antuan Joiner Case

Date: May 24, 2024

Timely Docketing of Postconviction Petitions in Illinois: The Antuan Joiner Case Introduction The Supreme Court of Illinois recently adjudicated the case of The People of the State of Illinois v....

Strict Compliance with Rule 12(b)(6) for Proof of Mailing in Postconviction Relief: Shunick v. The People of Illinois

Date: May 24, 2024

Strict Compliance with Rule 12(b)(6) for Proof of Mailing in Postconviction Relief: Shunick v. The People of Illinois Introduction In the landmark case of The People of the State of Illinois v. Char...

Limitations on Private Causes of Action under Deceptive Trade Practices and Consumer Fraud Acts in Environmental Law Violations

Date: May 24, 2024

Supreme Court of Illinois Affirms Limitations on Private Causes of Action under Deceptive Trade Practices and Consumer Fraud Acts for Environmental Law Violations Introduction In the landmark case of...

Affirmation of Predatory Criminal Sexual Assault Classification under the Proportionate Penalties Clause

Date: Apr 5, 2024

Affirmation of Predatory Criminal Sexual Assault Classification under the Proportionate Penalties Clause Introduction The People of the State of Illinois v. Korem M. Johanson (2024 IL 129425) is a...

Illinois Supreme Court Affirms Uniform 'Colorable Actual Innocence' Standard for Successive Postconviction Petitions, Regardless of Guilty Plea

Date: Mar 22, 2024

Illinois Supreme Court Affirms Uniform 'Colorable Actual Innocence' Standard for Successive Postconviction Petitions, Regardless of Guilty Plea Introduction In the case of The People of the State of...

Miranda Rights and Custodial Interrogation: The Logan Decision Sets New Precedent in Illinois

Date: Mar 22, 2024

Miranda Rights and Custodial Interrogation: The Logan Decision Sets New Precedent in Illinois Introduction In the landmark case of The People of the State of Illinois v. Jessica A. Logan (2024 IL...

Establishing Prior Qualifying Felonies Through Stipulation in Armed Habitual Criminal Cases: Insights from People v. Gray

Date: Mar 22, 2024

Establishing Prior Qualifying Felonies Through Stipulation in Armed Habitual Criminal Cases: Insights from People v. Gray Introduction In People of the State of Illinois v. Demetrius Gray (2024 IL...

Automatic Pricing Under Illinois Grain Code: Implications from Miller v. Department of Agriculture

Date: Mar 22, 2024

Automatic Pricing Under Illinois Grain Code: Implications from Miller v. Department of Agriculture Introduction Miller v. Department of Agriculture is a pivotal case adjudicated by the Supreme Court...

Enforcement of Fully Negotiated Plea Agreements Precludes Additional Presentence Custody Credit

Date: Mar 22, 2024

Enforcement of Fully Negotiated Plea Agreements Precludes Additional Presentence Custody Credit Introduction The case of The People of the State of Illinois v. Emanuel Wells (2024 IL 129402) presents...

Intracorporate Publication in Defamation: Supreme Court of Illinois Affirms Publication to Corporate Executives

Date: Mar 22, 2024

Intracorporate Publication in Defamation: Supreme Court of Illinois Affirms Publication to Corporate Executives Introduction The Supreme Court of Illinois, in the case of Project44, Inc. v....

Illinois Supreme Court Upholds Sex Offender Residency Restrictions

Date: Mar 22, 2024

Illinois Supreme Court Upholds Sex Offender Residency Restrictions Analysis of Martin Kopf v. Brendan Kelly, Supreme Court of Illinois, 2024-03-21 Introduction The Supreme Court of Illinois delivered...

Affirmation of Waiver Standards in Speedy Trial and Right to Counsel: People v. Marcum

Date: Mar 22, 2024

Affirmation of Waiver Standards in Speedy Trial and Right to Counsel: People v. Marcum Introduction People of the State of Illinois v. Clayton T. Marcum, 2024 IL 128687, adjudicated by the Supreme...

Exception to Physician-Patient Privilege in Child Abuse Criminal Cases: Analysis of People v. Torres

Date: Mar 22, 2024

Exception to Physician-Patient Privilege in Child Abuse Criminal Cases: Analysis of People v. Torres Introduction The case of The People of the State of Illinois v. Ramon Torres (2024 IL 129289)...

Illinois Supreme Court Establishes Liability of Private Sports Organizations under Human Rights Act for Disability Discrimination

Date: Mar 9, 2024

Illinois Supreme Court Establishes Liability of Private Sports Organizations under Human Rights Act for Disability Discrimination Introduction In the landmark case of M.U., a Minor, By and Through...

Standard of Review for Torture Claims under the Illinois Torture Inquiry and Relief Commission Act: People v. Darrell Fair (2024 IL 128373)

Date: Feb 17, 2024

Standard of Review for Torture Claims under the Illinois Torture Inquiry and Relief Commission Act: People v. Darrell Fair (2024 IL 128373) Introduction The case of The People of the State of...

Affirmation of Reasonable Assistance Standard for Postconviction Counsel in Huff v. The People of Illinois

Date: Feb 2, 2024

Affirmation of Reasonable Assistance Standard for Postconviction Counsel in Huff v. The People of Illinois Introduction Huff v. The People of Illinois (2024 IL 128492) is a landmark decision by the...

Mandatory Injunctive Relief Under Municipal Ordinances: Rock Falls v. Aims Industrial Services

Date: Jan 20, 2024

Mandatory Injunctive Relief Under Municipal Ordinances: Rock Falls v. Aims Industrial Services Introduction The case of The City of Rock Falls v. Aims Industrial Services, LLC (2024 IL 129164)...

Appellate Jurisdiction in Substitution of Judge Motions: In re Marriage of Arjmand

Date: Jan 20, 2024

Appellate Jurisdiction in Substitution of Judge Motions: In re Marriage of Arjmand Introduction The case of In re Marriage of Masud M. Arjmand addresses significant questions regarding the appellate...

Forfeiture by Wrongdoing Requires Demonstration of Good-Faith Efforts: Illinois Supreme Court Establishes New Precedent

Date: Jan 20, 2024

Forfeiture by Wrongdoing Requires Demonstration of Good-Faith Efforts: Illinois Supreme Court Establishes New Precedent Introduction The case of The People of the State of Illinois v. Micheal D....

Enhanced Obligations for Postconviction Counsel under Rule 651(c): Illinois Supreme Court's Decision in People v. Frey Establishes Stricter Standards for Withdrawal Motions

Date: Jan 20, 2024

Enhanced Obligations for Postconviction Counsel under Rule 651(c): Illinois Supreme Court's Decision in People v. Frey Establishes Stricter Standards for Withdrawal Motions Introduction In THE PEOPLE...