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   State Courts - Illinois - February 22 - February 26, 2007

  
People v. Hoekstra, No. 2-05-0443, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, February 22, 2007, Filed
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Overview: Trial court's judgment that dismissed defendant's petition for post-conviction relief was affirmed; neither of the issues he advanced in support of his claim of ineffective assistance of counsel in violation of Ill. Const. art. I, § 8 and the Sixth Amendment set forth the gist of a meritorious claim that his constitutional rights were violated.

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People v. Martinez, No. 1-05-0845, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, February 22, 2007, Decided
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Overview: Although the police failed to contact consular representative after defendant, a Mexican national, was arrested, art. 36 of the Vienna Convention on Consular Relations, Apr. 24, 1963, 21 U.S.T. 77, at 100-01,596 U.N.T.S. 261 did not require suppression of statements defendant made; no such relief was required by or recognized under the Convention.

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Bryant v. Bd. of Election Comm'rs, No. 104105, SUPREME COURT OF ILLINOIS, February 23, 2007, Opinion Filed
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Overview: Supervisory order was issued that a circuit court was to direct an election board to reject a candidate's nomination papers and remove his name from a ballot because he was ineligible to run for elective municipal office under 65 Ill. Comp. Stat. Ann. 5/3.1-10-5 as he was a convicted felon, whose right to hold office had not been restored.

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Delgado v. Bd. of Election Comm'rs, No. 104112, SUPREME COURT OF ILLINOIS, February 23, 2007, Opinion Filed
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Overview: Supervisory order was issued that a circuit court was to direct an election board to reject a candidate's nomination papers and remove his name from a ballot because he was ineligible to run for municipal elective office under 65 Ill. Comp. Stat. Ann. 5/3.1-10-5 as he was a convicted felon, whose right to hold office had not been restored.

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People v. Hart, No. 3-05-0228, APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, February 23, 2007, Filed
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Overview: Due to an insufficient record, the appellate court was unable to make any determination with regard to whether a defendant understandingly waived her right to a jury trial under 725 Ill. Comp. Stat. Ann. 5/103-6. Therefore, the court had to assume that a written jury waiver and bench trial were based on a valid waiver.

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People v. Olivia C. (In re Olivia C.), NO. 4-05-0026, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, February 23, 2007, Filed
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Overview: Minor's appeal of denial of motion to dismiss petition for adjudication of wardship, based on double jeopardy argument, was dismissed; Ill. Sup. Ct. R. 660 limited review to final orders and Ill. Sup. Ct. R. 604(f), allowing appeals from such denials in criminal cases, did not apply to delinquency proceedings as they were not criminal proceedings.

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People v. Trotter, NO. 5-05-0533, APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, February 23, 2007, Opinion Filed
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Overview: Conviction for aggravated kidnapping was reversed as State failed to prove secret confinement beyond reasonable doubt; the victim, a baby, was never secretly confined as defendant never removed baby from public's view or awareness; after taking baby, defendant boarded a train and once she disembarked interacted with officer who kept her in sight.

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People v. Lopez, No. 1-05-1354, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, February 26, 2007, Decided , February 26, 2007, Opinion Filed
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Overview: Defendant's conviction of first degree murder was affirmed, because defendant failed to show that he received ineffective assistance of counsel, as he failed to show that he was prejudiced by counsel's failure to object to a juror who stated that she could not serve beyond a certain date, as the evidence of defendant's guilt was overwhelming.

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People v. Naylor, No. 1-04-3731, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, February 26, 2007, Decided , February 26, 2007, Opinion Filed
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Overview: Defendant's drug convictions were reversed where the trial court improperly calculated the time period for determining whether a prior conviction introduced for impeachment purposes occurred more than 10 years before the current trial and properly calculated, the conviction had occurred more than 13 years prior to his current trial date.

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