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| DeSmet v. County of Rock Island, Docket No. 100261.,
SUPREME COURT OF ILLINOIS, April 20, 2006, Opinion Filed
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Overview: 745 Ill. Comp. Stat. Ann. 10/4-102 applied to a situation in which county personnel completely failed to respond to passing motorist's report of a possible accident and provided defendants with absolute immunity for both negligence and willful and wanton misconduct; dismissal of wrongful death suit alleging negligent failure to respond was proper.
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| Elem. Sch. Dist. 159 v. Schiller, Docket No. 100947,
SUPREME COURT OF ILLINOIS, April 20, 2006, Opinion Filed
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Overview: Finding that property owner's petition to detach vacant farmland property from township school districts and annex it to adjoining village school districts violated 105 Ill. Comp. Stat. Ann. 5/7-2c was error; municipality to which property was annexed had to be located within boundaries of adjoining elementary or high school district, not both.
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| Fisher v. Waldrop, Docket No. 100443.,
SUPREME COURT OF ILLINOIS, April 20, 2006, Opinion Filed
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Overview: 750 Ill. Comp. Stat. Ann. 45/13.5 did not support a mother's position that she could remove her child from the state without filing a petition since if a custodial parent could remove a child unless the noncustodial parent filed for an injunction, the changes to 750 Ill. Comp. Stat. Ann. 45/14 and 16 would have been meaningless.
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| Health Cost Controls v. Sevilla, No. 1-04-2406,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, April 20, 2006, Decided , April 20, 2006, Opinion Filed
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Overview: Trial court's ruling denying claimant and attorney's motion to certify under 735 Ill. Comp. Stat. Ann. 5/2-801 three wider classes was affirmed, as commonality and predominance requirements could not be met, but its denial of class certification for the narrower class had to be reversed since that ruling was arbitrary and based on circumstance.
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| Moore v. Green, Docket No. 100029.,
SUPREME COURT OF ILLINOIS, April 20, 2006, Opinion Filed
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Overview: The limited immunity provided by the Illinois Domestic Violence Act of 1986, 750 Ill. Comp. Stat. Ann. 60/305, applied to a claim that a municipality and two of its police officers were willful and wanton in failing to assist a victim of domestic violence. Therefore, such a claim was not barred by 745 Ill. Comp. Stat. Ann. 10/4-102 or 4-107.
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| People v. J.T. (In re J.T.), Docket No. 98492.,
SUPREME COURT OF ILLINOIS, April 20, 2006, Opinion Filed
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Overview: Appellate court was without jurisdiction to hear any issue regarding juvenile's guilty plea and sentence. Juvenile who was committed to Illinois Department of Corrections, Juvenile Division for indeterminate term with maximum sentence of term of years not to exceed period adult would serve for same offense was entitled to predisposition credit.
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| People v. Kohl, No. 2-04-0492,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, April 20, 2006, Filed
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Overview: Conviction for unlawful possession of weapon by felon, based on possession of per se unlawful weapon was reversed as item in question was not set of metal knuckles; item's appearance undermined argument it was set of metal knuckles, it would be unjust to classify item as metal knuckles, and case law supported conclusion item was not metal knuckles.
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| People v. Morris, Docket No. 99676.,
SUPREME COURT OF ILLINOIS, April 20, 2006, Opinion Filed
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Overview: Clemency order commuting defendant's death penalty sentence acted as a partial pardon that prohibited the State from again seeking the death penalty after defendant's original first degree murder conviction was overturned and his case was remanded for a new trial.
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| People v. Nitz, Docket No. 99712.,
SUPREME COURT OF ILLINOIS, April 20, 2006, Opinion Filed
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Overview: Although enhancing a first-degree murder sentence under Ill. Rev. Stat. 1987, ch. 38, para. 1005-8-1(a) without a jury finding violated Apprendi, defendant's procedural default could not be excused. He had not proven that the evidence was closely balanced as to whether his crime was exceptionally brutal or heinous and indicative of wanton cruelty.
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| People v. White, Docket No. 99935.,
SUPREME COURT OF ILLINOIS, April 20, 2006, Opinion Filed
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Overview: Evidence was sufficient to support conviction for intent to deliver cocaine in violation of 720 Ill. Comp. Stat. Ann. 570/407(b)(1); experienced officer testified cocaine, which was in 12 individual sized packages, was packaged for sale. Failure to file motion to suppress that would have failed could not support ineffective assistance claim.
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