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| Apex Tax Investments, Inc. v. Lowe (In re County Collector), Docket No. 97165.,
SUPREME COURT OF ILLINOIS, April 19, 2007, Opinion Filed
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Overview: State supreme court, upon considering case in light of United States Supreme Court's decision in Jones, nevertheless again affirmed the appellate court's refusal to set aside tax deed granted to tax purchaser; public guardian did not show that the relevant tax sale for delinquent property taxes denied the property owner of her due process rights.
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| Bd. of Educ. v. Bd. of Educ., No. 3-06-0278,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, April 19, 2007, Filed
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Overview: Trial court finding, that state education board's conclusion that second school district's argument was outside scope of state education board's statutory and regulatory authority, did not create constitutional impediment or violation of federal law was error; trial court did not have jurisdiction and evidence to make such an independent finding.
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| People v. Andrews, No. 3-02-0569,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, April 19, 2007, Filed
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Overview: Background check on defendant, a passenger in a truck stopped for traffic violation, and his arrest based on active body attachment discovered during background check, were improper under Fourth Amendment because background check of defendant was unrelated to initial justification for the stop and changed the fundamental nature of the stop.
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| People v. Denbo, NO. 4-05-0516,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, April 19, 2007, Filed
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Overview: Defendant's conviction of aggravated criminal sexual assault (720 Ill. Comp. Stat. Ann. 5/12-14(a)(2)) was reversed, as no rational trier of fact could find, beyond a reasonable doubt, that the victim's first push of defendant objectively communicated a withdrawal of consent to penetration. The State failed to prove the element of force.
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| People v. Hampton, Docket No. 102413,
SUPREME COURT OF ILLINOIS, April 19, 2007, Opinion Filed
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Overview: Appellate court erred in reaching a decision that 15-year sentence enhancement in 720 Ill. Comp. Stat. Ann. 5/12-14(d)(1) violated Ill. Const. art. I, § 11; the appellate court had already vacated defendant's convictions on a right to confrontation claim making the constitutional review of § 12-14(d)(1) unnecessary.
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| People v. Lashmet, NO. 4-06-0026,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, April 19, 2007, Filed
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Overview: Defendant's jailhouse conversation with an undercover informant, whom defendant believed to be fellow inmate did not constitute a custodial interrogation implicating Fifth Amendment rights of self-incrimination. Thus, his motion to suppress statements in solicitation of murder for hire case under 720 Ill. Comp. Stat. 5/8-1.2 was improperly granted.
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| People v. McCombs, No. 3-04-0575 (Consolidated with Nos. 3-04-0576, 3-05-0417, 3-06-0320),
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, April 19, 2007, Filed
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Overview: Convictions for felony theft were reversed because, pursuant to 725 Ill. Comp. Stat. Ann. 5/115-4.1(a), it was reversible error for the trial court to conduct the trials of defendant in absentia without counsel present, regardless of whether there was a valid waiver of counsel.
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| People v. Shafer, NO. 4-06-0243,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, April 19, 2007, Filed
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Overview: Telephone tip to dispatch from restaurant employee that person was causing disturbance and was intoxicated provided requisite quantum of suspicion to justify Terry stop of defendant's car. Thus, evidence was sufficient for the denial of defendant's petition to rescind statutory summary suspension under 625 Ill. Comp. Stat. 5/11-501.1 and 5/6-208.1.
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| People v. Smith, No. 1-04-1946,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, April 19, 2007, Filed
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Overview: Since defendant, charged with intentional or knowing murder and felony murder, requested separate verdict form for felony murder and request had basis in evidence, separate verdict form should have been given or consecutive sentences should not have been imposed based on offense underlying felony murder under 730 Ill. Comp. Stat. Ann. 5/5-8-4(a).
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| People v. Stechly, Docket No. 97544,
SUPREME COURT OF ILLINOIS, April 19, 2007, Opinion Filed
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Overview: Because it could not concluded beyond a reasonable doubt that the admission of hearsay statements by the five-year-old daughter of defendant's girlfriend (which defendant claimed violated his Sixth Amendment right to confrontation) did not contribute to the verdict, a hearing was required on the issue of the doctrine of forfeiture by wrongdoing.
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