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| People v. Anderson, No. 2-04-0905,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, April 11, 2006, Filed
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Overview: Testimony by two officers that substance defendant possession resembled crack cocaine in appearance and packaging was sufficient to support finding substance was crack cocaine. Fact that defendant was armed with a gun when police confronted defendant and defendant did not abandon the gun on seeing the police supported armed violence conviction.
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| People v. Price, No. 2-04-0950,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, April 11, 2006, Filed
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Overview: Where defendant's motion to withdraw guilty plea was not filed within 30-day deadline of Ill. Sup. Ct. R. 604(d), appellate court refused to consider merits of defendant's appeal. Trial court did not grant defendant extension for filing motion, as any such asset to late filing by trial court was given after deadline had passed.
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| People v. Trimarco, No. 2-04-1239,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, April 11, 2006, Filed
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Overview: Appellate court dismissed defendant's appeal of State's petition to revoke his probation, as appellate court lacked jurisdiction to consider appeal; he attempted to appeal that denial pursuant to Ill. Sup. Ct. R. 604(f), but the drafters of that rule limited it to criminal proceedings and a probation revocation proceeding was a civil proceeding.
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| Cavanagh v. City of Springfield, NO. 4-05-0764,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, April 12, 2006, Filed
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Overview: 55 Ill. Comp. Stat. Ann. 5/5-25011 did not require a county to pay a city entire amount of tax levied on city residents for support of county health department because tax was levied under division 5-23 of the Counties Code and the recoupment requirement outlined in § 5-25011 only applied to taxes levied under division 5-25 of the Counties Code.
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| Dep't of Cent. Mgmt. Servs. v. Labor Rels. Bd., NOS. 4-05-0276, 4-05-0277 cons.,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, April 12, 2006, Filed
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Overview: Dismissal of State's bargaining-unit-clarification petitions was improper because such petitions could be used to sever 5 Ill. Comp. Stat. Ann. 315/3(c) confidential employees from collective bargaining units, and the petitions could be filed by the State at any time, even if it had previously included such employees in the bargaining units.
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| People v. Bingham, NO. 4-04-0614,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, April 12, 2006, Filed
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Overview: Defendant's Sixth-Amendment right to counsel of choice was violated when trial court denied motion for continuance to substitute counsel without conducting an adequate inquiry into request; while it was unclear whether defendant already retained private counsel, it was clear private counsel already represented defendant other criminal matters.
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| People v. Jamison, No. 1-04-2219,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, April 12, 2006, Decided , April 12, 2006, Filed
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Overview: Since, pursuant to 725 Ill. Comp. Stat. Ann. 5/110-14 (2004), a fine was to be offset by the $ 5-per-day credit, defendant should have been awarded a credit of $ 4 against his Traffic and Criminal Conviction Surcharge Fund penalty because the amount of the credit could not exceed the amount of the fine.
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| KSAC Corp. v. Recycle Free, Inc., No. 2-05-0926,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, April 13, 2006, Filed
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Overview: Motion to dismiss under 735 Ill. Comp. Stat. Ann. 5/2-301 (2004) was properly granted even though defendant had filed an appearance and jury demand and had participated in discovery. The statute no longer required a special appearance to contest jurisdiction and defendant's actions did not constitute a waiver of its jurisdictional objection.
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| People v. Robyn M. (In re Michael M.), No. 2-05-1240,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, April 13, 2006, Filed
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Overview: Finding mother was unfit parent under 750 Ill. Comp. Stat. Ann. 50/1(D)(p) was upheld where psychologist indicated mother's IQ of 54 indicated likelihood mother would not be unable to function on own, mother's affect was bright even when talking about bleak matters, and mother did not have realistic view of how to care for herself or children.
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