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| People v. Mata, Docket No. 99890,
SUPREME COURT OF ILLINOIS, January 23, 2006, Opinion Filed
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Overview: Defendant's appeal regarding sufficiency of evidence as to statutory aggravating factor that formed basis for her sentencing was not rendered moot by Governor's power under Ill. Const. art. V, § 12 to grant executive clemency; her right to due process under the Fourteenth Amendment was not subordinate to Governor's power to commute her sentence.
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| People v. Nicholas, Docket No. 98965,
SUPREME COURT OF ILLINOIS, January 23, 2006, Filed
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Overview: Appellate court erred in finding defendant's confession to shooting death of his mother, made 35 hours after his arrest, was involuntary and, thus, inadmissible pursuant to the Fifth Amendment and Ill. Const. art. I, § 10; all circumstances showed that the statement was voluntarily made and, thus, was admissible in his first-degree murder case.
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| Am. Serv. Ins. Co. v. Pasalka, No. 1-04-3571,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, January 24, 2006, Decided , January 24, 2006, Opinion Filed
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Overview: Trial court properly granted summary judgment to insureds who were properly served and appeared in action where insurer asserted they violated their policies by filing their uninsured motorist claims more than two years after relevant accidents as policy language to that effect violated public policy contained in 215 Ill. Comp. Stat. Ann. 5/143a.
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| Klehm-Marinangel v. Klehm (In re Estate of Klehm), No. 1-04-3512,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, January 24, 2006, Filed
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Overview: Contesters of will were not entitled to disqualification of executor's counsel due to conflict of interest under Ill. Sup. Ct. R. Prof. Conduct 1.9(a)(1). Contesters knew or should have known of potential conflict four years before they filed motion to disqualify. Granting motion at such late date would have unfairly prejudiced estate.
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| Lorenz v. Herrera, No. 2-05-0476,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 24, 2006, Filed
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Overview: Trial court properly denied the request to transfer the personal injury case arising out of the auto accident from the forum county to the transferee county, on forum non conveniens grounds, but erred in not allowing transfer pursuant to 735 Ill. Comp. Stat. Ann. 5/2-103, as request under that statute was promptly made.
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| People v. Adams, No. 1-04-2680,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, January 24, 2006, Decided , January 24, 2006, Filed
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Overview: 720 Ill. Comp. Stat. Ann. 5/9-3(a), which elevated offense to Class 2 felony, was constitutional; plain language made it clear legislature intended penalty for involuntary manslaughter to be more severe in certain circumstances and court saw no reason why legislature could not have created additional offense against family or household member.
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| People v. Glenn, No. 2-02-0491,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 24, 2006, Filed
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Overview: Defendant did not show he received ineffective assistance of counsel in violation of Ill. Const. art. I, § 8 in regard to his entrapment defense under 720 Ill. Comp. Stat. Ann. 5/7-12; defense counsel's failure to move for disclosure of police informant's identity was not shown to have prejudiced defendant.
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| People v. Slinkard, No. 2-05-0046,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 24, 2006, Modified
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Overview: Circumstantial evidence and inferences were sufficient to find defendant guilty of DUI, improper lane usage, and leaving the scene of an accident in violation of 625 Ill. Comp. Stat. Ann. 5/11-402(a), -501(a)(2), -709(a); that evidence supported finding that he was in physical control of the vehicle he owned as he was found by police next to it.
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| People v. Washington, No. 1-02-2893,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, January 24, 2006, Decided
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Overview: Trial court committed reversible error when it admitted polygraph evidence, as it was introduced in State's case-in-chief and was used as sword to advance State's case. Denial of motion to quash was erroneous; fact defendant initially acceded to request to accompany police to station did not legitimize treatment of defendant after she got there.
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| Prate Installations, Inc. v. Thomas, No. 2-05-0534,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 24, 2006, Filed
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Overview: Trial court erred in dismissing the general contractor's action regarding the homeowners' failure to pay for roof work to the extent that it found that 735 Ill. Comp. Stat. Ann. 5/13-214(a)'s four-year limitations period applied; correct limitations statute was 735 Ill. Comp. Stat. Ann. 5/13-206's 10-year limitations period for written contracts.
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