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| In re Marriage of Diaz, No. 2-05-1061,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 17, 2006, Filed
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Overview: Judgment dismissing a child custody matter for lack of subject matter jurisdiction was reversed and remanded as Illinois had subject matter jurisdiction to make an initial child custody determination under 750 Ill. Comp. Stat. Ann. 36/201(a)(2) of the Uniform Child-Custody Jurisdiction and Enforcement Act, 750 Ill. Comp. Stat. Ann. 36/101 et seq.
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| People v. Eddie R. (In re Katrina R.), No. 1-03-1152,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, March 17, 2006, Decided
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Overview: A father was found to be unfit, as he failed to maintain a reasonable degree of interest, concern, or responsibility for his children's welfare pursuant to 750 Ill. Comp. Stat. Ann. 50/1(D)(b), and his parental rights were properly terminated. A case manager testified that she was unable to recommend unsupervised visits for the father.
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| People v. John N. (In re John N.), No. 3-05-0441 (Consolidated with No. 3-05-0442),
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, March 17, 2006, Filed
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Overview: Respondent's involuntary admission to a mental health facility was reversed because a police officer, not emergency medical personnel, was required to complete the petition under 405 Ill. Comp. Stat. Ann. 5/3-606 (2004) as the officer had transported respondent; an involuntary administration of psychotropic medication order was also reversed.
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| Zappia v. St. Paul Fire & Marine Ins. Co., No. 1-05-0713,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, March 17, 2006, Decided
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Overview: Where insured party, pursuant to provision in insurance policy, sought trial de novo of arbitration award of underinsured motorist benefits, dismissal under 735 Ill. Comp. Stat. Ann. 5/2-619 was improper. Provision did not violate public policy since Illinois law encouraged even nonbinding arbitration, and provision applied to both parties.
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| Eads v. CONRAIL, No. 1-05-1895,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, March 20, 2006, Decided , March 20, 2006, Opinion Filed
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Overview: There was no connection between Illinois and plaintiff's pending tort claim against a railroad, and the totality of circumstances strongly favored Indiana instead of Illinois as the appropriate forum. Accordingly, the trial court's denial of the railroad's motion to dismiss on forum non conveniens grounds was an abuse of discretion.
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| People v. Hopkins, No. 1-04-1317,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, March 20, 2006, Decided , March 20, 2006, Opinion filed
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Overview: Since the record did not allow the appellate court to make an independent determination on whether defendant's inculpatory statement was made at a time sufficiently attenuated from his illegal arrest, his convictions and sentences had to be vacated so that the case could be remanded to the trial court for an attenuation hearing.
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| People v. Newbolds, NO. 5-02-0526,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, March 20, 2006, Decision Filed
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Overview: Trial court erred in dismissing defendant's petitions for postconviction relief as frivolous or patently without merit pursuant to 725 Ill. Comp. Stat. Ann. 5/122-2.1(a)(2) on the ground of forfeiture because the forfeiture doctrine did not bar the consideration of an issue where the forfeiture stemmed from the incompetency of counsel on appeal.
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| Aurora East Sch. Dist. v. Dover, No. 2-04-0979,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 21, 2006, Decided
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Overview: Trial court had jurisdiction to consider employee's 820 Ill. Comp. Stat. Ann. 305/19(g) motion because it was undisputed that statutory prerequisites were met where the employee gave notice to the employer of the time and place for entry of judgment and presented the trial court with a certified copy of the Illinois Industrial Commission's award.
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| People v. Jiles, No. 2-04-0076,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 21, 2006, Decided
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Overview: Defendant's convictions were reversed where trial court failed to substantially comply with Ill. Sup. Ct. R. 401(a) when it determined defendant waived right to counsel. There was no double jeopardy concern barring retrial as evidence was sufficient; defendant possessed materials used in burglary such as screwdriver, latex gloves, and flashlight.
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