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| People v. Jackson, No. 1-04-3660,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, March 14, 2007, Decided , March 14, 2007, Opinion Filed
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Overview: Testimony DNA profile found at scene matched defendant's DNA profile, on file in DNA database, tended to suggest defendant had committed other crimes because DNA databases were utilized for little else than storage of DNA profiles of convicted criminals. Given lack of overwhelming evidence against defendant, error deprived defendant of fair trial.
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| Tower Investors, LLC v. 111 E. Chestnut Consultants, Inc., 1-06-0254,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, March 14, 2007, Decided , March 14, 2007, Opinion Filed
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Overview: Defendants could not pierce corporate veil to avoid forbearance agreement entered into with an investment company (LLC) on basis that law firm for which LLC's members were partners anticipatorily breached agreement by suing for certain legal fees; defendants sought loan from the LLC and entered into transaction with full knowledge of relationship.
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| People v. Claudio, No. 1-05-3336,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, March 15, 2007, Decided
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Overview: Trial court erred in granting motion to suppress defendant's breath test results; recording test results, as required by Ill. Admin. Code tit. 20, § 1286.70 was an administrative task, not a performance standard under Ill. Admin. Code tit. 20, §§ 1286.310, 1286.350 and failure to record was not fatal to admissibility of test results.
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| People v. Mikrut, No. 2-06-0376,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 15, 2007, Filed
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Overview: Trial court suppression of the evidence was affirmed as the seizure by the police of firearms found inside a bedroom in defendant's home violated the Fourth Amendment because, over defendant's objections, a woman who had previously stayed there with defendant as his girlfriend admitted officers to the home to assist her in obtaining her belongings.
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| Santana v. State Bd. of Elections, No. 1-05-1950,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, March 15, 2007, Decided
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Overview: Decision by the Illinois State Board of Elections was affirmed because the Board's finding that a mailer who produced, procured, and disseminated campaign literature to voters was a political committee required to file campaign financing reports under the Illinois Election Code, 10 Ill. Comp. Stat. Ann. 5/1-1 et seq., was not clearly erroneous.
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| Harmon v. Town of Cicero Mun. Officers Electoral Bd., No. 1-07-0499,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, March 16, 2007, Decided , March 16, 2007, Opinion Filed
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Overview: Electoral board struck candidates' nomination papers after finding many signatures on the nominating petitions invalid. Court erred in reversing on basis that admission of affidavits violated candidate's due process rights, as board's rules permitted the use of affidavits, and candidates had right to subpoena the affiants but failed to exercise it.
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| People v. Hall, No. 3-06-0234,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, March 16, 2007, Filed
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Overview: Judgment in a proceeding to rescind the summary suspension of a driver's license was reversed and remanded as the court erred by allowing the driver to invoke the Fifth Amendment in the civil proceeding. However, incriminating statements from the hearing were not to be used as a discovery source for the State of Illinois in a criminal proceeding.
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| Tantiwongse v. Law Offices of Edward R. Jaquays, No. 3-05-0287,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, March 16, 2007, Decided
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Overview: Trial court properly enforced stipulation regarding attorney fees former client owed to law firm for work done on a dissolution matter as the stipulation was reasonable and there was no evidence of fraud; however, award of fees to the law firm for collection action itself was against public policy as the law firm represented itself in that action.
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| Williams v. Manchester, No. 1-05-2126,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, March 16, 2007, Decided
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Overview: Claim under Wrongful Death Act, 740 Ill. Comp. Stat. Ann. 180/1, was supported by evidence that decision to abort was made based only on medical considerations, specifically testimony that if pregnancy continued the condition of injured party's hip could deteriorate to point where she might to walk properly again, even after corrective surgery.
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