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   State Courts - Illinois - January 31 - February 1, 2007

  
First Assist, Inc. v. Indus. Comm'n (Khatri), No. 4-06-0206WC, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, WORKERS' COMPENSATION COMMISSION DIVISION, January 31, 2007, Filed
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Overview: An employee, who was an operating room nurse, was entitled to a weekly differential award under 820 Ill. Comp. Stat. Ann. 305/8(d)(1) (2000) when a work-related rotator cuff injury prevented her from working as an operating room nurse and impaired her earning capacity. Not all nurses performed the same duties or earned the same salary.

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People v. Brooks, NO. 4-06-0014, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, January 31, 2007, Filed
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Overview: Denial of postconviction petition was reversed as rule that issue could not be raised in postconviction petition that could have been made on direct appeal was inapplicable where appeal was never taken and inmate alleged gist of constitutional claim based on trial court's failure to grant continuance to allow inmate to obtain counsel of choice.

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People v. Cuevas, No. 2-05-0385, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 31, 2007, Filed
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Overview: Orders of protection entered in favor of the victim of defendant's telephone harassment and a witness were reversed because the trial court lacked jurisdiction to enter the order against the witness, who was not a protected person at the time of the hearing, and the petition was not in writing as required by 750 Ill. Comp. Stat. Ann. 60/203(a).

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People v. Mallory, NO. 4-05-0748, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, January 31, 2007, Filed
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Overview: Dismissal of petition for postconviction relief was reversed because inmate did not allege the same claim in his motion to reduce sentence, at which the inmate was not represented by new counsel, and failure to attach a supporting affidavit did not require dismissal as pivotal communications would have taken place between inmate and trial counsel.

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People v. Maria T. (In re M.T.), No. 1-06-0170, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, January 31, 2007, Decided , January 31, 2007, Opinion Filed
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Overview: Trial court properly authorized the involuntary treatment of a patient with psychotropic medications pursuant to 405 Ill. Comp. Stat. Ann. 5/2-107.1 because the State of Illinois provided clear and convincing evidence that the benefits of administering the medications outweighed the harm, and the court's order was not manifestly erroneous.

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People v. Meadows, No. 2-06-0410, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 31, 2007, Filed
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Overview: Electronically transmitted abstracts printed on precertified forms originating from the Secretary of State's office were properly admitted as evidence of a defendant's prior convictions under 625 Ill. Comp. Stat. Ann. 5/2-123(g)(6) (2004) and 625 Ill. Comp. Stat. Ann. 5/6-303(f) (2004).

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People v. Simmons, No. 1-05-3618, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, January 31, 2007, Decided
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Overview: Trial court's finding that statements defendant made while in custody were sufficiently attenuated from his unlawful arrest was against manifest weight of the evidence; application of four-factor Brown test showed evidence was insufficient to establish his confession was product of his own free will rather than exploitation of his illegal arrest.

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J.S.A. v. M.H., Docket No. 101697, SUPREME COURT OF ILLINOIS, February 1, 2007, Opinion Filed
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Overview: Appellate court erred in concluding it lacked jurisdiction to hear interlocutory appeal filed by alleged parents, as putative father was not required to first register with the Putative Father Registry, 750 Ill. Comp. Stat. Ann. 50/12.1, before he could maintain his parentage action, which also meant trial court rulings were not void ab initio.

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People v. Flowers, No. 1-04-2917, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, February 1, 2007, Decided
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Overview: Trial court unduly restricted cross-examination of witness as to mental health and improperly prevented introduction of mental health records where witness complained of hallucinations in past but denied having hallucinations at time of shooting, though witness admitted so to defense investigator and was not taking medication on day of shooting.

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People v. Harris, Docket No. 98942., SUPREME COURT OF ILLINOIS, February 1, 2007, Opinion Filed
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Overview: Convictions were upheld where, inter alia, evidence defendant was apprehended in North Carolina was properly admitted as circumstance of arrest, evidence of use of assumed name was admissible to clarify defendant's true identity, and excusal of venireperson for cause was upheld based on ambiguity in response to death penalty question and demeanor.

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