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| People v. Brown, Docket No. 100956.,
SUPREME COURT OF ILLINOIS, April 5, 2007, Opinion Filed
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Overview: Appellate court properly concluded that defendant's transfer from juvenile to criminal court was void and, thus, that trial court erred in summarily denying his successive postconviction petition for relief; since the transfer was carried out under a statute later found to violate the Illinois Constitution, the statute was void in its entirety.
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| People v. Jarrett, NO. 4-06-0607,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, April 5, 2007, Filed
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Overview: Even though allocution under Ill. Sup. Ct. R. 402 was imperfect, defendant was advised of mandatory supervised release under 730 Ill. Comp. Stat. 5/5-8-1. Thus, there was no violation of due process entitling defendant to post-conviction relief under 725 Ill. Comp. Stat. 5/122-2 in that his 8 year prison term was within 10-year cap for guilty plea.
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| People v. Margaret C. (In re Gabriel E.), No. 1-06-2661,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, April 6, 2007, Decided , April 6, 2007, Opinion Filed
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Overview: Trial court's finding of neglect under 705 Ill. Comp. Stat. Ann. 405/2-3(1)(b) was affirmed because court's finding of an injurious environment was not against the manifest weight of the evidence as abundant evidence was presented which provided a sufficient basis for the finding of neglect based on an injurious environment.
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| People v. Rushing, NO. 5-06-0349,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, April 6, 2007, Filed
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Overview: Trial court erred in imposing a $ 20 "Violet Crime" fine, pursuant to 725 Ill. Comp. Stat. Ann. 240/10, on defendant, as that fine was imposed after the trial court had ordered defendant to pay a separate fine of $ 200; 725 Ill. Comp. Stat. Ann. 240/10 stated that a fine pursuant to it could only be imposed "if no other fine is imposed."
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| Coy v. Wash. County Hosp. Dist., NO. 5-06-0140,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, April 9, 2007, Decision Filed
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Overview: Order prohibiting disclosure of patient names in agreed order was proper because trial court found that patients' right to privacy was compelling interest arising from a broad public policy. Trial court narrowly tailored its restriction on right of public access by omitting from the order only names of the nonparty patients, which was proper.
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| Miller v. White, NO. 4-06-0673,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, April 9, 2007, Filed
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Overview: Illinois Secretary of State properly revoked a licensee's driving privileges under 625 Ill. Comp. Stat. Ann. 5/6-206(a)(6) based on his Indiana DUI conviction, as Indiana trial court had no authority to order the Secretary to grant the licensee court supervision under 730 Ill. Comp. Stat. Ann. 5/5-6-1(c).
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| People v. Borst, NO. 4-06-0462,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, April 9, 2007, Filed
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Overview: Inmate's constitutional right to due process and fundamental fairness was not violated by the inclusion of mandatory supervised release (MSR) at the end of the two 15-year concurrent sentences he had bargained for; while sentencing court's references to MSR were inartful, the inmate was in fact made aware of MSR.
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| Jackson v. Seib, NO. 5-05-0545,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, April 10, 2007, Filed
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Overview: Judgment in favor of defendant in personal injury action arising out of a rear-end collision was affirmed; pictures of damage on plaintiff's vehicle was properly admitted, he forfeited any novel scientific evidence objection by failing to object or seek a Frye hearing, and as defendant prevailed, damage instruction error did not warrant reversal.
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| Rodriguez v. Ill. Prisoner Review Bds., NO. 5-05-0451,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, April 10, 2007, Rule 23 Order Filed
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Overview: Dismissal of inmate's mandamus complaint was affirmed; under 730 Ill. Comp. Stat. Ann. 5/ 3-3-1(a)(2), Illinois Board of Prisoner Review acted as a board of review, not fact-finding body, when it approved recommendation for revocation of inmate's good-conduct credits, so approval process was not subject to due process protection described in Wolff.
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| Va. Sur. Co. v. Bill's Builders, Inc., No. 3-06-0606,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, April 10, 2007, Filed
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Overview: Summary judgment in favor of injured corporate president on issues of coverage and reimbursement was reversed; material fact issues existed as to whether he had elected an 820 Ill. Comp. Stat. Ann. 305/3(17)(b) withdrawal from worker's compensation (WC) protection as he alleged, inter alia, that his signature on WC insurance application was forged.
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