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| People v. Jackson, NO. 4-04-0771,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, April 18, 2007, Filed
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Overview: There was sufficient evidence to convict defendant of first degree murder under 720 Ill. Comp. Stat. 5/9-1(a)(1) because defendant had fought with the victim earlier and both threatened to kill each other. Defendant went to get a gun and fired shots in the direction of the victim.
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| People v. Jackson, No. 1-04-3660,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, April 18, 2007, Opinion Filed
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Overview: Expert's testimony that the DNA profile of blood found at the scene matched defendant's DNA profile, which was on file in a DNA database, was erroneously admitted and warranted reversal because it tended to suggest defendant had committed other crimes since DNA databases are utilized for little else than storage of profiles of convicted criminals.
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| People v. Jerome S. (In re Jerome S.), NO. 4-06-0113,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, April 18, 2007, Filed
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Overview: Because officer had probable cause to arrest a minor for obstructing under 720 Ill. Comp. Stat. 5/31-1(a) due to the fact that minor walked toward another group to fight despite officer's orders to stop and officer had authority to give such order to maintain order in park, the arrest and subsequent search did not violate Ill. Const. art. I, § 6.
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| People v. Lush, NO. 4-05-0893,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, April 18, 2007, Filed
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Overview: Aggravated DUI (alcohol) conviction (625 Ill. Comp. Stat. Ann. 5/11-501(a)(2)) had to be vacated because it was lesser-included offense of reckless homicide (720 Ill. Comp. Stat. Ann. 5/9-3) in that homicide charge explicitly tracked language of aggravated DUI (alcohol). However, charge of aggravated DUI (cannabis) was not lesser-included offense.
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| People v. Peterson, NO. 4-05-0698,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, April 18, 2007, Filed
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Overview: Jury was adequately instructed; neither inclusion of extraneous instruction nor response to request for clarification constituted plain error. Statements made responding to on-the-scene questioning as to facts surrounding crime scene were admissible; Miranda warnings were not required. Defendant was not entitled to credit for day placed in custody.
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| People v. Revell, NOS. 4-04-0835, 4-04-0854 cons.,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, April 18, 2007, Filed
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Overview: Defendant did not show penalty imposed for his violation of 720 Ill. Comp. Stat. Ann. 5/12-14.1(a)(1), predatory criminal sexual assault of a child, violated due process clause of Illinois Constitution, Ill. Const. art. I, § 2; failure to impose extended sentences on related, harsher sections of same statute was merely a legislative oversight.
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| People v. Simmons, No. 1-05-3618,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, April 18, 2007, Decided
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Overview: Trial court erred in ruling that defendant's inculpatory statements were attenuated from his illegal arrest; causal connection between arrest and statements was not broken as there was a lack of independent intervening circumstances and the police violated defendant's rights by holding him several days as they attempted to establish probable cause.
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| People v. Tommy B. (In re Tommy B.), NO. 4-06-0690,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, April 18, 2007, Filed
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Overview: Finding that voluntary admittee was subject to involuntary admission to a mental-health facility, 405 Ill. Comp. Stat. Ann. 5/1-119(1),(2) was not error; he could not show prejudice even if relevant petition was deficient, and findings supporting his involuntary commitment and hospitalization were not against the manifest weight of the evidence.
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| Wills v. Foster, NO. 4-06-0674,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, April 18, 2007, Filed
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Overview: The collateral-source rule did not let an alleged injured party recover her medical expenses billed, rather than paid at a discounted rate under Medicare and the medical-assistance program of the Illinois Department of Healthcare and Family Services, because her medical benefits were not due to a bargained-for exchange with a third-party provider.
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