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| People v. Berrier, No. 2-04-0418,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 13, 2006, Filed
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Overview: Trial court was not obligated under 725 Ill. Comp. Stat. Ann. 5/115-4(k) to grant defendant's motion for directed verdict after State, in drug possession case, failed to present foundational evidence regarding machine used to test drugs. There was no per se rule barring reopening of State's case once defendant filed motion for directed verdict.
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| Sheth v. Wunderlich, No. 3-04-0828,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, January 13, 2006, Filed
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Overview: Affidavit of chairperson of medical center's medicine committee established chairperson believed that doctor's privileges should have been suspended, and that chairperson had authority himself to unilaterally suspend the doctor. Thus, medical center's failure to follow its bylaws in suspending the doctor was not proximate cause of suspension.
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| Softcheck v. Imesch, No. 3-04-0398, 3-04-0399 cons.,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, January 13, 2006, Opinion Filed
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Overview: Since a question of fact remained as to when they discovered, or reasonably should have discovered, that their injuries were caused by the alleged abuse, the alleged sexually abused persons' causes of action were not barred by 735 Ill. Comp. Stat. 5/13-202.2 as they pled adequate facts to invoke the discovery rule.
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| United Disposal of Bradley, Inc. v. Pollution Control Bd., No. 3-04-0536,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, January 13, 2006, Filed
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Overview: Application to modify waste transfer operating permit was correctly denied as attempt to operate regional pollution control facility without obtaining necessary siting approval. Corporation's challenge to permit's special condition was meritless, since it requested the condition initially and failed to object to for approximately 10 years.
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| People v. Slayton, No. 1-04-0701,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, January 17, 2006, Decided , January 17, 2006, Opinion Filed
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Overview: Defendant's conviction of armed robbery was affirmed, because the State proved defendant guilty beyond a reasonable doubt, as testimony by the victim was sufficient to identify defendant, even though the victim incorrectly stated defendant's height, and the identification occurred more than a year after the crime was committed.
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| People v. Tolliver, No. 1-04-2059,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, January 18, 2006, Decided , January 18, 2006, Opinion Filed
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Overview: Under 725 Ill. Comp. Stat. Ann. 5/110-14, defendant was not entitled to fine credit for time served prior to sentencing. Fees imposed against defendant, including fees for filing of felony complaint, felony complaint conviction, and preliminary hearing, were not fines, as they were compensatory and collateral consequence of conviction.
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| People v. Vercolio, No. 3-04-0451,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, January 18, 2006, Opinion Filed
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Overview: Trial court properly allowed an expert to testify in respondent's action arguing that he had recovered pursuant to 725 Ill. Comp. Stat. 205/9, and was no longer a sexually dangerous person, as tests used by the expert and variables relied on by the expert met the Frye standard for admissibility of scientific evidence.
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