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| Antioch Cmty. High Sch. Dist. 17 v. Bd. of Educ., No. 2-06-0430,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 4, 2007, Filed
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Overview: School district was not entitled to reimbursement from a school board for the educational services for a minor in a treatment facility under 105 Ill. Comp. Stat. Ann. 5/10-20.12a, because the minor's placement was accomplished exclusively pursuant to the Juvenile Court Act of 1987, not under the School Code, and the school board had no input.
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| Gellert v. Jackson, No. 2-06-0514,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 4, 2007, Filed
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Overview: Denial of a motion to vacate a judgment was vacated and remanded because the trial court was to conduct a hearing to determine whether the clerk's office was closed at 4:40 p.m. when the plaintiff attempted to timely file a rejection of an arbitration decision, even though Ill. 19th J. Cir. Ct. R. 1.11(c) required the office to be open until 5 p.m.
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| Kunz v. Little Co. of Mary Hosp. & Health Care Ctrs., Nos. 1-06-1707 & 1-06-1814 cons.,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, May 4, 2007, Decided
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Overview: Reasonable juror could have found with reasonable certainty that, but for fact hospital nurse misinformed doctor about treating physician's previous orders, the patient would not have been prescribed the drug which led to kidney damage. Exclusion of expert testimony as to medical bills was error, as such knowledge was beyond ken of average juror.
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| People v. DeBerry, NO. 4-06-0543,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, May 4, 2007, Filed
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Overview: Trial court properly dismissed defendant's second postconviction petition because defendant failed to comply with 725 Ill. Comp. Stat. Ann. 5/122-1(f) of the Illinois Post-Conviction Hearing Act, 725 Ill. Comp. Stat. Ann. 5/122-1 through 122-8, which required that defendant obtain leave of court before filing a successive petition.
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| People v. Barnslater, No. 1-05-3172,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, May 4, 2007, Decided , May 4, 2007, Opinion Filed
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Overview: Claim of newly discovered evidence failed where inmate would have to have known underlying facts comprising newly discovered evidence, plus alternative sources for the presentation of those facts, including his codefendants. Inmate failed to present conclusive evidence to make showing of actual innocence of charge or any lesser included offenses.
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| People v. Chamness, No. 1-04-2021,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, May 4, 2007, Decided , May 4, 2007, Opinion Filed
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Overview: Defendant established a violation of his constitutional rights because the trial court accepted defendant's guilty plea without informing defendant that statutes required the addition of a term of mandatory supervised release following the completion of defendant's sentence.
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| People v. Pineda, No. 2-05-0757,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 4, 2007, Filed
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Overview: Counsel was not ineffective for failing to introduce evidence that one of two complaining witnesses had prior conviction of battery because testimony of other victim would have been unimpeached and corroborated witness's testimony; thus, defendant could not show probability that outcome would have been different if counsel had made such an attempt.
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| Regency Commercial Assocs., LLC v. Lopax, Inc., NO. 4-06-0332,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, May 4, 2007, Filed
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Overview: Trial court did not err in interpreting land sales contract between prospective lessor's predecessor and corporation to mean that restrictive covenant on land prohibited only fast-food restaurants serving mainly chicken, and not the casual dining restaurant contemplated between the prospective lessor and the prospective lessee.
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| Siekierka v. United Steel Deck, Inc., No. 3-06-0365,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, May 4, 2007, Filed
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Overview: There was genuine issue of material fact as to whether there existed causal connection between employee's termination and filing of his workers' compensation claim; there was evidence to support an inference that the employer's insurer, requiring a second opinion, made it impossible for employee to return to work within time granted by employer.
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| White v. Chi. Transit Auth., No. 1-05-3152,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, May 4, 2007, Decided , May 4, 2007, Opinion Filed
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Overview: Verdict for a passenger was reversed because, although the transit authority did not assert a defense under 70 Ill. Comp. Stat. Ann. 3605/41 in the passenger's initial action, which was dismissed, the transit authority was not precluded from raising it in the passenger's later action. Additionally, the passenger's notice under § 41 was deficient.
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