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| In re Marriage of Wanstreet, NO. 5-05-0572,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, March 27, 2006, Decided , March 27, 2006, Filed
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Overview: Order awarding sole custody of children to wife was upheld as evidence showed, inter alia, children resided with wife since separation, husband resided outside school district, and wife facilitated relationship with husband. Trust property was marital property where interest was conveyed during marriage and there was not strong evidence of gift.
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| People ex rel. Madigan v. PSI Energy, Inc. , NO. 5-04-0602,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, March 27, 2006, Filed
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Overview: As Clean Air Act, 42 U.S.C.S. § 7401 et seq., forbid a neighboring state to insert itself as a regional superauthority with the power to enjoin, penalize, or otherwise regulate out-of-state sources, Illinois trial court erred in entering preliminary injunction that prohibited Indiana power company from operating air-pollution control equipment.
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| People v. Jones, No. 1-03-3127,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, March 27, 2006, Decided , March 27, 2006, Opinion Filed
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Overview: Under theory of accountability, there was sufficient evidence to sustain first degree murder conviction under 720 Ill. Comp. Stat. Ann. 5/9-1(a), as defendant admitted to circling block after initial shooting and slowing car down during second round of firing; thus, evidence showed defendant acquiesced in furthering criminal purpose of passengers.
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| City of Des Plaines v. Redella, No. 1-05-1301,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, March 28, 2006, Decided , March 28, 2006, Opinion Filed
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Overview: Finding private road had become highway under 605 Ill. Comp. Stat. Ann. 5/2-202, did not mandate city compensate owners as city was only granted prescriptive easement, not fee title. Summary judgment was reversed, however, as fact issues existed concerning whether public's use of road was exclusive and as to when and whether the easements ceased.
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| Dowling v. Chi. Options Assocs., No. 1-04-1110,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, March 28, 2006, Decided , March 28, 2006, Opinion Filed
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Overview: Life insurance policy was not exempt from judgment under 735 Ill. Comp. Stat. Ann. 5/12-1001(f), as proceeds were payable to trust and not insured's spouse, children, parent, or other dependent. Trial court erred in failing to hold hearing on whether IRA and 401(k) were exempt, and stock should have been turned over to sheriff for public sale.
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| Grove v. Carle Found. Hosp., NO. 4-05-0488,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, March 28, 2006, Filed
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Overview: Amendment to medical malpractice complaint asserted a new cause of action and was properly disallowed under 735 Ill. Comp. Stat. Ann. 5/2-616(c). Evidence supporting amendment, alleging negligence during first surgery, was not inextricably intertwined with evidence supporting allegations in first complaint as to negligence following second surgery.
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| Hoxha v. LaSalle Nat'l Bank, No. 1-05-1419,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, March 28, 2006, Decided
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Overview: Trial court did not err in holding remedy of specific performance was not available to father and son who sought to enforce an alleged contract to sell real estate held in a land trust; father and son did not show that there was a valid, binding contract with the late beneficial owner, much less a contract that would support specific performance.
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| Kraima v. Ausman, No. 1-05-1854,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, March 28, 2006, Decided , March 28, 2006, Opinion Filed
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Overview: Trial court erred in compelling disclosure of doctor's medical disability claim file that doctor had submitted to state retirement system in a case where the doctor's medical condition at time of operation on decedent was at issue; material sought fell within physician-patient privilege, 735 Ill. Comp. Stat. Ann. 5/8-802, and no exceptions applied.
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| People v. Bailey, NO. 4-02-0967,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, March 28, 2006, Filed
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Overview: Defendant could not show prejudice regarding her claim of ineffective assistance in defense counsel's failure to raise sentencing disparity argument. Defendant's sentence for first degree murder was within the range for the crime found in 730 Ill. Comp. Stat. Ann. 5/5-8-1(a) and was less than sentences given to two of three codefendants.
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| People v. Roemer (In re S.J.), NOS. 4-05-0736, 4-05-0823,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, March 28, 2006, Decided
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Overview: As the trial court failed to comply with § 2-28 of the Juvenile Act of 1987, 705 Ill. Comp. Stat. Ann. 405/2-28, judgment placing custody and guardianship of a child with his foster mother was reversed; the court failed to set a permanency goal, failed to explain the goal it set, and failed to consider all factors to find the minor's best interest.
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