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| Ill. HMO Guar. Ass'n v. Dep't of Ins., Nos. 1-05-2422 & 1-05-2548 Consolidated,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, March 5, 2007, Decided , March 5, 2007, Opinion Filed
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Overview: Judgment reversing Director's rejection of the defense that the association was not liable for insolvent health maintenance organization enrollees' unpaid claims because they were Medicaid recipients was itself reversed; association was collaterally estopped from raising it because it had unsuccessfully asserted same defense in earlier Shapo case.
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| Fed. Marine Terminals, Inc. v. Ill. Workers' Comp. Comm'n (Buza), NO. 1-06-1738WC,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, WORKERS' COMPENSATION COMMISSION DIVISION, March 6, 2007, Filed
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Overview: State workers' compensation commission's decision that awarded workers' compensation benefits to claimant was properly affirmed by trial court, as the finding that a causal relationship existed between his work accident, and both his current physical condition and his permanent disability, was not against the manifest weight of the evidence.
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| People v. Addison, Nos. 1-03-0507 and 1-03-2541 (Consolidated),
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, March 6, 2007, Decided , March 6, 2007, Opinion Filed
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Overview: Defendant's 735 Ill. Comp. Stat. Ann. 5/2-1401 petition for relief from judgment was properly denied because he had previously and unsuccessfully raised the same issues on direct appeal; his pro se petition was properly denied under the Post-Conviction Hearing Act because, inter alia, there was no supporting documentation attached.
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| People v. Downs, NO. 5-05-0696,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, March 6, 2007, Opinion Filed
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Overview: Circuit court properly awarded an indigent inmate attorney fees under 725 Ill. Comp. Stat. Ann. 205/8 in a discharge proceeding under the Illinois Sexually Dangerous Persons Act, 725 Ill. Comp. Stat. Ann. 205/0.01 et seq., as the Illinois Department of Corrections was the appropriate source for the payment of the inmate's expenses under the Act.
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| People v. Grice, NO. 4-06-0096,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, March 6, 2007, Filed
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Overview: Reversal and remand of the denial of defendant's motion to reconsider his sentence, following defendant's plea of guilty, was required because defense counsel's purported certificate under Ill. Sup. Ct. R. 604(d) did not comply with the requirements of the rule by failing to state that counsel had reviewed the guilty-plea proceedings.
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| People v. Najera, No. 2-06-0236,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 6, 2007, Filed
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Overview: Court properly denied defendant's petition to vacate his conviction under 735 Ill. Comp. Stat. Ann. 5/2-1401 because there was generally no judicial remedy for a violation of the Vienna Convention on Consular Relations, Apr. 24, 1963, 21 U.S.T. 77, 596 U.N.T.S. 261, and he procedurally defaulted any remedy he might have had by pleading guilty.
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| People v. Phillips, No. 1-04-2655,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, March 6, 2007, Decided , March 6, 2007, Opinion Filed
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Overview: Although trial court erred in refusing to rule on defendant's motion, in limine, to bar use of prior convictions to attack his credibility until hearing defendant's testimony, defendant's failure to testify in his trial for, inter alia, battery, eliminated the trial court's refusal to rule on his motion as a reviewable issue.
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| Libertyville Toyota v. U.S. Bank, No. 1-05-4079,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, March 7, 2007, Decided , March 7, 2007, Opinion Filed
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Overview: Where a dealership sold vehicles to a leasing company, which sold the vehicles to a bank, and the dealership retained the manufacturer's certificates of origin, the bank owned the vehicles because, inter alia, the parties intended ownership of the vehicles to transfer to the leasing company under 625 Ill. Comp. Stat. Ann. 5/3-112(a).
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| People v. Abrego, No. 1-04-3259,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, March 7, 2007, Decided
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Overview: Defendant's conviction and sentence was affirmed because the trial court did not abuse its discretion by excluding the hearsay testimony of a potential witness, admitting into evidence allegedly gruesome photographs of the victim, and sentencing defendant under 730 Ill. Comp. Stat. Ann. 5/5-8-1(a)(1)(a) and 730 Ill. Comp. Stat. Ann. 5/5-8-1(a)(3).
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