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| In re Winthrop, Docket No. 101316.,
SUPREME COURT OF ILLINOIS, March 23, 2006, Opinion Filed
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Overview: Attorney received two-year suspension for violating 134 Ill. 2d R. 4.1(a), 188 Ill. 2d R. 8.4(a)(4), and Ill. Sup. Ct. R. 771. Attorney made material misrepresentation of fact to another attorney who was seeking a freeze on the bank accounts of one of the disciplined attorney's clients in an investigation into improper removal of client's funds.
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| Melena v. Anheuser-Busch, Inc., Docket No. 99421.,
SUPREME COURT OF ILLINOIS, March 23, 2006, Opinion Filed
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Overview: Arbitration agreement between former employer and employee was enforceable against employee. Under 9 U.S.C.S. § 2, contract principles applied; employer's introduction of dispute resolution program and mailing of materials related to program constituted offer, and employee's continued employment constituted acceptance and provided consideration.
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| People v. Beverly, No. 2-05-0399,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 23, 2006, Filed
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Overview: Improper investigatory stop occurred where officers seized defendant by parking squad car perpendicular to and behind defendant's vehicle, officers did not see defendant do anything illegal, and defendant's presence in apartment parking lot in broad daylight, even in high-crime area, did not provide reasonable suspicion he was engaged in crime.
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| People v. Garvin, Doc ket No. 99031.,
SUPREME COURT OF ILLINOIS, March 23, 2006, Opinion Filed
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Overview: Probable cause existed for defendant's warrantless arrest on burglary and theft charges, and taking his blood for purposes of 730 Ill. Comp. Stat. Ann. 5/5-4-3 deoxyribonucleic acid (DNA) analysis and registration was proper as the statute was constitutional both as applied to defendant and on its face.
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| People v. Kolton, Docket No. 99221.,
SUPREME COURT OF ILLINOIS, March 23, 2006, Opinion Filed
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Overview: Aggravated criminal sexual abuse under 720 Ill. Comp. Stat. Ann. 5/12-16 was a lesser-included offense of criminal sexual assault of child because the type of touching alleged in the indictment clearly fell within definition of "sexual conduct" required for the conviction; in addition, the sexual gratification element could be inferred.
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| People v. Starks, No. 2-04-0671,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 23, 2006, Filed
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Overview: Petition for postconviction relief should have been granted as new DNA evidence showed result on retrial would have been different; victim's impeaching prior inconsistent statement that she was not sexually assaulted, coupled with expert's incorrect testimony regarding serology results, cast doubt on aggravated criminal sexual assault convictions.
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| People v. Wicklund, No. 2-04-0219,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 23, 2006, Filed
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Overview: Where defendant, a fugitive, sought remand to trial court for filing of an Ill. Sup. Ct. R. 604(d) certificate and new motion to reconsider sentence, appellate court, finding that defendant's absence prohibited defense counsel from filing Ill. Sup. Ct. R. 604(d) certificate and new motion, dismissed appeal under fugitive dismissal rule.
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| People v. Wooddell, Docket No. 100709.,
SUPREME COURT OF ILLINOIS, March 23, 2006, Opinion Filed
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Overview: Defendant, who was incarcerated, properly filed a speedy-trial demand under intrastate detainers statute, 730 Ill. Comp. Stat. An. 5/3-8-10. When 160-day period ran out, defendant was entitled to dismissal of charges; defendant was not required to filed second demand under 725 Ill. Comp. Stat. Ann. 5/103-5(b), applicable to those released on bond.
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| Semprini v. GMC, No. 1-04-3452,
APPELLATE COURT OF ILLINOIS, FIRST JUDICIAL DISTRICT, FOURTH DIVISION, March 23, 2006, Decided
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Overview: Trial court properly ruled for vehicle manufacturer in strict products liability case brought by plaintiff, who was injured when his car collided with vehicle produced by manufacturer, because intended use of an automobile did not include collisions; the manufacturer's only duty was to insure that vehicle was reasonably safe for intended use.
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| Willett v. Cessna Aircraft Co., No. 1-04-0895 & 1-04-2678 Consolidated,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, March 23, 2006, Opinion Filed
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Overview: Summary judgment in favor of small plane manufacturer was proper. The 49 U.S.C.S. § 40101, note § 2(a), 3 statute of repose barred the action as passenger could not establish that a new exhaust wye had been installed on the plane less than 18 years before crash, but spoliation of evidence case was properly allowed to proceed.
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