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   State Courts - Illinois - January 3 - January 8, 2007

  
People v. Long, No. 2-05-0772, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 3, 2007, Filed
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Overview: Judgment granting defendant's motions to quash arrest and to suppress evidence and statements was reversed; in addition to the presence of the cocaine and its location, there was other evidence presented from which a reasonable officer could infer a connection between the cocaine found under the table and the men sitting at the table.

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People v. Barker, NO. 4-05-0223, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, January 4, 2007, Filed
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Overview: Defendant's motion to suppress was granted improperly where an officer, during a traffic stop, noticed an incomplete 12-pack of beer in the car, because his question regarding whether open containers were inside the car and his request for consent to search were reasonable under the Fourth Amendment and Ill. Const. art. I, § 6.

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People v. Holliday, NO. 4-05-0473, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, January 4, 2007, Filed
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Overview: Trial court did not abuse its discretion by not recharacterizing a habeas corpus petition as a postconviction petition under the Post-Conviction Hearing Act, 725 Ill. Comp. Stat. Ann. 5/122-1 through 122-8, because it was not required to recharacterize the petition and the circumstances of the case were far from "unusual and compelling."

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In re Leslie H., No. 2-05-0648, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 5, 2007, Modified Opinion Filed
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Overview: Trial court's order authorizing the administration of psychotropic medication to an involuntary committee who was unfit for trial was reversed as the involuntary committee's criminal defense attorney in the underlying case was not notified of the petition to administer psychotropic medication pursuant to 405 Ill. Comp. Stat. Ann. 5/2-107.1(a-5)(1).

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In re Marriage of Mardjetko, No. 2-06-0401, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 5, 2007, Filed
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Overview: Appellate court dismissed a husband's appeal of the denial of his motion to vacate the judgment in a dissolution proceeding because the appellate court lacked jurisdiction to consider the appeal as the judgment was not final in that when the trial court entered the default judgment it reserved fundamental issues, including support and visitation.

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GMC v. State Motor Vehicle Review Bd., Docket Nos. 101585, 101601 cons., SUPREME COURT OF ILLINOIS, January 8, 2007, Opinion Filed
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Overview: Decision by Illinois Motor Vehicle Review Board to grant existing car dealerships' protests was supported by testimony that existing dealerships had made substantial investments in dealerships, existing dealerships had adequate sales and service facilities, and fact that there was no evidence dealerships materially breached franchise agreements.

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