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| Farmer v. Country Mut. Ins. Co., NO. 5-04-0794,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, April 28, 2006, Filed
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Overview: Trial court erred in calculating postjudgment interest on personal injury judgment up until time judgment against insurer for failure to defend insured was entered, and then calculating the interest against the second judgment. Under 735 Ill. Comp. Stat. Ann. 5/2-1303, interest continued to accrue on first judgment until insurer satisfied it.
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| Homeward Bound Servs. v. Ill. Dep't of Ins., No. 3-04-0982,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, April 28, 2006, Filed
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Overview: Determination corporation was conducting insurance business under 215 Ill. Comp. Stat. Ann. 5/121 et seq., was upheld as common law was acceptable means defining insurance, and agreement had specified ending date, each customer paid specified amount, each customer acquired interest in care prescribed, and risk was shifted in a contingent manner.
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| In re Marriage of Tegeler, No. 2-05-0584,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, April 28, 2006, Filed
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Overview: Child support calculation was reversed, as the former husband partially explained source of funding for his checking account; however, to extent his personal spending exceeded his yearly "net income," the source of such excess was unexplained and should be considered additional child support resource under 750 Ill. Comp. Stat. Ann. 5/505(a)(3).
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| People v. Desantiago, 1-03-3695,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, April 28, 2006, Decided
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Overview: Any alleged error in State's suggestion defense counsel procured false testimony at trial was mitigated when the trial court advised the jury that comments made during closing arguments were not evidence. Right to confrontation was not violated when defendant was unable to cross-examine witness to extent desired because of witness' lack of memory.
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| Shea v. Brennan (In re Estate of Shea), No. 2-05-0600,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, April 28, 2006, Filed
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Overview: Circuit court properly found that the executor of the decedent's estate by clear and convincing evidence overcame the presumption, under 765 Ill. Comp. Stat. Ann. 1005/2(a), of a gift by the decedent adding a neighbor to bank accounts. The executor also showed the estate's entitlement to the accounts by a preponderance of the evidence.
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| People v. Austin, NO. 4-04-0727,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, May 1, 2006, Filed
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Overview: Motion to suppress was improperly granted where evidence was sufficient to justify stop under Terry and 725 Ill. Comp. Stat. Ann. 5/107-14 (2004); when defendant was seen with person officers believed was carrying drugs and changed direction to separate himself, officer had reasonable suspicion defendant might be involved in criminal activity.
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| People v. Harris, NO. 4-05-0456,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, May 1, 2006, Filed
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Overview: Where weapon was found during search of vehicle that was conducted after passenger was arrested for violating probation, search was valid search incident to lawful arrest under Fourth Amendment. Arrest of passenger was valid under 730 Ill. Comp. Stat. Ann. 110/11. Search incident to lawful arrest applied even if criminal activity had not occurred.
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| People v. Standley, NO. 4-03-0872,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, May 1, 2006, Filed
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Overview: Evidence was sufficient to find defendant guilty of home invasion, 720 Ill. Comp. Stat. Ann. 5/12-11(a)(3), as there was more than one witness who identified him as the perpetrator. The cross-comparison test as to whether a statute violated the proportionate-penalties clause of the Illinois Constitution had been abandoned, and was inapplicable.
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| Shutkas Elec., Inc. v. Ford Motor Co., No. 1-05-2120,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, May 1, 2006, Decided
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Overview: Appellate court found that it did not have jurisdiction over the company's appeal of the trial court's finding that cargo van at issue was not a consumer product under the Magnsuon-Moss Warranty Federal Trade Commission Improvement Act, 15 U.S.C.S. § 2301 et seq., as appeal of that issue was not timely filed pursuant to Ill. Sup. Ct. R. 303.
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