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| Bd. of Trs. v. Dep't of Prof'l Regulation, No. 2-05-0079,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 31, 2006, Filed
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Overview: Local Government Professional Services Selection Act, 50 Ill. Comp. Stat. Ann. 510/0.01, applied because the community college was a "political subdivision;" thus, it was not prohibited from soliciting fee or cost information before negotiating construction projects, which meant the trial erred in dismissing its declaratory judgment action.
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| Gaylor v. Vill. of Ringwood, No. 2-05-0398,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 31, 2006, Filed
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Overview: Trial court erred in granting property owners' petition for disconnection from village; property owners did not meet all requirements of relevant statute, 65 Ill. Comp. Stat. Ann. 5/7-3-6, because they did not show the land was entitled to disconnection given that they had a 20-year annexation agreement with the village which was still in force.
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| In re Marriage of Archibald, NO. 5-05-0498,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, January 31, 2006, Opinion Filed
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Overview: Award of custody of mother's biological child to stepfather was upheld where court found it in child's best interest; testimony showed child was not left alone while in care of stepfather, child was happy in current living situation, and father took different position with less pay to ensure child and brother were prepared for school and day care.
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| People v. Anderson, No. 2-04-0905,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 31, 2006, Filed
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Overview: Evidence supported look-alike felony under 720 Ill. Comp. Stat. Ann. 570/404(b), which was predicate felony for defendant's armed violence conviction under 720 Ill. Comp. Stat. Ann. 5/33A-2(a); defendant's possession of gun while fleeing police and later abandonment before being arrested did not affect whether he possessed dangerous weapon.
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| People v. Hofer, NO. 5-05-0332,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, January 31, 2006, Opinion Filed
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Overview: Since there was rational basis for statutory scheme allowing convicted felon to run for constitutional office after completing his sentence, but did not allow felons to seek nonconstitutional elective office without pardon from governor, 65 Ill. Comp. Stat. Ann. 5/3.1-10-5(b) did not violate equal protection and trustee was properly removed.
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| People v. Houston, No. 3-03-0476,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, January 31, 2006, Opinion Filed
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Overview: There was sufficient evidence to convict defendant of armed robbery in violation of 720 Ill. Comp. Stat. 5/18-2(a) since defendant worked at the restaurant, the masked perpetrators probably used the key code to enter the back door, he was found fleeing from the scene, and he could not explain wearing a wig to get leftover pizza.
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| People v. Johnson, No. 1-04-1292,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, January 31, 2006, Opinion Filed
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Overview: Where defendant filed an unsuccessful motion to reconsider and correct sentence after his guilty plea and where defense counsel failed to file an Ill. Sup. Ct. R. 604(d) certificate, remand was required. The record did not support the State's assertion that defendant filed the motion pro se. Strict adherence to Ill. Sup. Ct. R. 604(d) was required.
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| People v. Sanchez, No. 2-04-0297,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 31, 2006, Filed
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Overview: Judgment denying defendant's motion for DNA testing under 725 Ill. Comp. Stat. Ann. 5/116-3 was reversed and remanded for consideration of the motion as the trial court erred by denying defendant's facially-sufficient § 116-3 motion at a hearing where defendant was not present or given an opportunity to contest the State of Illinois's assertions.
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| People v. Steve E. (In re Steve E.), NO. 5-05-0282, NO. 5-05-0431,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, January 31, 2006, Opinion Filed
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Overview: Authorization of respondents' continued detention after petitions for involuntary admission to a mental health center pursuant to the Mental Health and Developmental Disabilities Code, 405 Ill. Comp. Stat. Ann. 5/1-100 et seq., had been dismissed was improper; the trial court lacked the authority to do anything other than discharge them.
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| Sutherlin v. Sutherlin, NO. 5-04-0724,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, January 31, 2006, Opinion Filed
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Overview: The trial court erred in refusing to consider the issue of temporary custody in the order of protection proceeding. The action was not a covert attempt to interfere with child custody. The finding of abuse was supported by the record. 750 Ill. Comp. Stat. Ann. 60/214(b)(6) permitted a grant of temporary legal custody in such a case.
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