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| People v. Purcell, No. 2-03-1276,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 31, 2006, Filed
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Overview: Although admission of a victim's out-of-court statements to a detective and a physician, which were testimonial, violated the Confrontation Clause, the error was harmless in light of overwhelming evidence of defendant's guilt. Sentence of natural life imprisonment for first-degree murder conviction was upheld as it was within the statutory range.
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| People v. Rodriguez, No. 2-03-1409,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 31, 2006, Filed
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Overview: Ineffective assistance claim failed where counsel presented consent defense, thoroughly cross-examined victim and eyewitnesses, and made strategic decision not to question victim about possibility she consented to sex. Increasing sentence for single conviction even though total sentence remained same violated 730 Ill. Comp. Stat. Ann. 5/5-8-1(c).
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| People v. Rogers, No. 2-03-0879,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 31, 2006, Filed
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Overview: Where defendant did not withdraw guilty plea, parties were not returned to status quo before plea agreement and, therefore, defendant was not entitled to have surplus conviction reviewed, as that was part of voluntary plea agreement. Sentence was affirmed as trial court carefully considered the appropriate factors in mitigation and in aggravation.
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| People v. Salgado, No. 1-04-0856,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, March 31, 2006, Decided
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Overview: Brady claim failed where defendant failed to establish State did not tender documents; it was possible documents were lost during change in counsel. No error was found in denial of evidentiary hearing on newly discovered evidence claim, as defense failed to demonstrate due diligence or that the evidence would have changed the jury's verdict.
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| People v. Slywka, No. 1-03-1410,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, March 31, 2006, Decided
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Overview: Although the State could not charge defendant with first degree murder based on intent to kill due to prior acquittal for attempted murder, he could be charged based on knowledge shooting victim created strong possibility of death or bodily harm. Error in admitting statements made to juvenile probation officer was harmless as they were cumulative.
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| People v. Smith, No. 1-04-1289,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, March 31, 2006, Decided
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Overview: Once defendant filed a pro se motion to withdraw a guilty plea, Ill. Sup. Ct. R. 604(d) required that the trial court appoint counsel or make a finding that the right to counsel was knowingly waived. The trial court's failure to do so required reversal and remand of an order denying defendant's motion.
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| United Gen. Title Ins. Co. v. AmeriTitle, Inc., No. 1-05-1874,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, March 31, 2006, Decided
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Overview: Where allegations of complaint established an indemnity claim and a claim against an insurance producer, the statutes of limitations in 735 Ill. Comp. Stat. Ann. 5/13-204, 13-214.4 applied respectively to the claims rather than the 10-year statute of limitations for contract actions found in 735 Ill. Comp. Stat. Ann. 5/13-206.
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