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State Courts -
Illinois - January 9 - January 11, 2007
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People v. Douglas, No. 1-04-3077,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, January 9, 2007, Decided , January 9, 2007, Opinion Filed
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Overview: Defendant's non-enhanced pre-Sharpe sentences on two counts of attempt murder of a peace officer were valid when imposed and remained valid post-Sharpe. Thus, appellate court rejected State's claim that Sharpe required that defendant be resentenced and that sentence enhancements in 720 Ill. Comp. Stat. Ann. 5/8-4(c)(1)(B), (C), (D) be applied.
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Harder v. Kelly, No. 2-06-0404,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 11, 2007, Filed
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Overview: When an insurer claimed a lien, under 820 Ill. Comp. Stat. 305/5(b) (2004), against an employee's settlement of a claim against a third party who caused injuries for which the insurer paid worker's compensation, as an employer's subrogee, it did not have to reserve the lien in the settlement agreement, and a failure to do so did not waive the lien.
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Joyce v. Mastri, No. 1-06-0086,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, January 11, 2007, Decided , January 11, 2007, Opinion Filed
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Overview: In this common-law negligence action, the grant of summary judgment to the general contractor was affirmed because the general contractor neither controlled the safety measures employed at the construction nor retained control over the incidental aspects of the work done by plaintiff's employer.
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People v. Brady, No. 2-04-1281,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 11, 2007, Filed
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Overview: Under 625 Ill. Comp. Stat. 5/11-401(b) (2002), barring leaving the scene of an accident involving a death, defendant was "involved in a motor vehicle accident" by participating in drag racing in which his opponent lost control of his car, and the statute was not unconstitutionally vague as applied, nor did it violate his Fifth Amendment privilege.
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