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| In re Marriage of Miller, NO. 4-05-0475,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, March 10, 2006, Filed
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Overview: Trial court, pursuant to 750 Ill. Comp. Stat. Ann. 5/510(b) (2002) and 735 Ill. Comp. Stat. Ann. 5/2-1401 (2002), had jurisdiction to set aside a final judgment of dissolution of marriage that the court had entered six years earlier based upon the doctrine of revestment.
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| In re Marriage of Saputo, No. 1-05-0402,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, March 10, 2006, Decided , March 10, 2006, Opinion Filed
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Overview: A trial court erred by dismissing as time-barred a former wife's petition to enforce a 38-year-old divorce decree's child support provisions, as 735 Ill. Comp. Stat. 5/12-108(a) (2004), which provided that child support judgments could be enforced at any time, did not apply to public aid cases only.
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| Nelson v. Northeast Ill. Reg'l Commuter R.R. Corp., No. 1-05-0002,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, March 10, 2006, Decided
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Overview: Appellate court, on two certified questions in claimant's case where she was struck by train while trespassing on railroad tracks, found open and obvious risk in crossing railroad track did not negate railroad's duty to her under frequent trespass doctrine and that 745 Ill. Comp. Stat. Ann. 10/3-102(a) immunity required certain conditions be met.
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| People v. Kruger, NO. 4-03-1018,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, March 10, 2006, Filed
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Overview: State erred when it questioned defendant in grand jury proceeding without defendant's lawyer being present despite defendant's previous invocation of right to attorney in firearms charge that arose in the course of the investigation of the victim's murder; however, the error was harmless in light of the overwhelming evidence of defendant's guilt.
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| Roti v. Roti, No. 1-05-0496,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, March 10, 2006, Decided
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Overview: The trial court did not err in dismissing appellant's complaint against his cousin for breach of contract and promissory estoppel because the Frauds Act, 740 Ill. Comp. Stat. Ann. 80/2, barred appellant from recovering for breach of the alleged oral contract for the conveyance of an interest in real estate.
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| Gaston v. Founders Ins. Co., No. 1-04-2110,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, March 13, 2006, Decided
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Overview: Trial court properly granted summary judgment to insurance company on insured's complaint alleging its claims procedures were unreasonable; trial court did not misconstrue policy at issue, Ill. Admin. Code tit. 50, § 919.80(d)(6), or 215 Ill. Comp. Stat. Ann. 5/155 in finding insurance company fulfilled its obligations regarding her car repair.
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| People v. Matysik, No. 3-05-0261,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, March 13, 2006, Decided , March 13, 2006, Filed
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Overview: Where a school bus straddled an intersection while picking up students, 625 Ill. Comp. Stat. Ann. 5/11-1414 required vehicles in all directions to stop, and as the evidence established that defendant made a right hand turn in front of the school bus, her conviction for violating § 11-1414 was affirmed.
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| Iseberg v. Gross, No. 1-04-3567,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, March 14, 2006, Decided , March 14, 2006, Opinion Filed
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Overview: Court affirmed dismissal of breach of duty to warn claim against business partners as attorney did not allege special relationship that created duty to protect him from criminal attack by disappointed investor; conduct in response to investor's threats was not intended to protect attorney, so voluntary undertaking claim was also properly dismissed.
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| People v. Gray, NO. 4-05-0470,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, March 14, 2006, Filed
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Overview: Court found 730 Ill. Comp. Stat. Ann. 5/5-4-1(b) was directory in mandating that same judge who accepted probation revocation petition had to impose sentence, so another judge, who had jurisdiction, imposed a lawful sentence; that sentence was improperly vacated, and an increased sentence was improper under 730 Ill. Comp. Stat. Ann. 5/5-8-1(c).
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| People v. McCree, No. 1-04-1049,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, March 14, 2006, Decided , March 14, 2006, Opinion Filed
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Overview: Suppression of statements was properly denied as only evidence of involuntariness was length of confinement; though oral and videotaped statements were cumulative, defendant was not prejudiced by counsel's failure to object where he did not refute the content of the statements and overwhelming evidence of guilt existed.
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