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| Alm v. Loyola Univ. Med. Ctr., No. 1-06-0067,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, April 20, 2007, Decided
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Overview: Testimony of parents' expert in medical malpractice case alleging improper postoperative care and discharge was correctly disallowed because the expert, a pathologist, was not familiar with the methods, procedures, and treatments ordinarily observed by other doctors, including defendant physicians, plastic surgeons and anesthesiologist.
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| People v. $ 280,020 United States Currency, No. 1-04-3633,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, April 20, 2007, Decided
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Overview: Dismissal of State's amended 725 Ill. Comp. Stat. Ann. 150/9 forfeiture complaint was error; allegations, inter alia, that claimant carpenter purchased one-way ticket to Seattle with cash within 24 hours of departure and that he provided differing accounts of travel plans, were sufficient to show nexus between $280,020 and illegal drug activity.
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| People v. Dennis, No. 2-04-1161,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, April 20, 2007, Filed
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Overview: Trial court should have suppressed inculpatory statements made by defendant; public safety exception to Miranda did not excuse failure to advise defendant of his Miranda rights before he was questioned at a hospital and statements made later after Miranda warnings were given were not so attenuated from illegal statements to make them admissible.
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| People v. Porter, No. 3-05-0330,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, April 20, 2007, Filed
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Overview: Prosecution's repeated remarks to jury that defendant was flagging down cars and asking motorists if they wanted to buy drugs, even though there was no such testimony presented to jury, were not reasonable inferences explaining defendant's conduct, but deprived defendant of fair trial in closely balanced case, requiring reversal of convictions.
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| People v. Rodriguez, No. 1-05-1044,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, April 20, 2007, Decided
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Overview: Plain wording of 730 Ill. Comp. Stat Ann. 5/5-8-1(a)(1)(d)(i), permitted judge to impose upon defendant enhanced sentence of 15 years, even though defendant's first degree murder conviction was based on theory of accountability. Apprendi was not violated as State proved defendant or one for whose conduct he was legally responsible used firearm.
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| People v. Rogers, No. 2-05-0883,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, April 20, 2007, Filed
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Overview: When an inmate said counsel did not verify false information inducing her guilty plea or move to withdraw her plea, not attaching an affidavit to her postconviction petition, contrary to 725 Ill. Comp. Stat. 5/122-2 (2004), barred relief for the failure to verify, but the failure to move to withdraw her plea barred her petition's summary dismissal.
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| Daley v. Lakeview Billiard Cafe, Inc. , No. 1-05-1901,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, April 23, 2007, Filed
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Overview: City Local Liquor Control Commission properly refused to issue a liquor license to a business because the proper measurement was from the business property line to the closest part of the exterior of the worship portion of a church. Because the measurement was less than 100 feet, issuance of a license would violate 235 Ill. Comp. Stat. 5/6-11(a).
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| Kidney Cancer Ass'n v. N. Shore Cmty. Bank & Trust Co., No. 1-06-1721,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, April 23, 2007, Decided , April 23, 2007, Opinion Filed
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Overview: Where a bank negotiated numerous checks over a five-year period, the pattern, course, and accumulation of its acts were not relevant as a continuing violation for an association's conversion action. Thus, each discrete act provided a basis for a cause of action with three year limitations period under 810 Ill. Comp. Stat. 5/3-420(a) and 5/3-118(g).
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| People v. Moore, No. 1-05-0515,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, April 23, 2007, Opinion Filed
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Overview: Defendant's 725 Ill. Comp. Stat. 5/116-3 motion for DNA testing was properly denied as he did not meet the chain of custody requirement, failing to allege with specificity if proper authorities took DNA, when the DNA was received, or mention anything pertaining to its current condition; moreover, § 116-3(b)(1) was not unconstitutional as applied.
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