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| People v. Davis, No. 1-05-0276,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, May 7, 2007, Decided, May 7, 2007, Opinion Filed
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Overview: Ineffective assistance claim based on failure to move to dismiss portion of indictment for speedy trial violation failed as State was not adding new charge but was seeking enhanced sentence and thus, amendment to charging instrument did not affect speedy trial rights. Right to testify was not violated where defendant failed to assert said right.
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| Household Bank, FSB v. Lewis, No. 1-06-0517,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, May 8, 2007, Filed
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Overview: Judgment was reversed, and remanded for a court to confirm the judicial sale of a property under 735 Ill. Comp. Stat. Ann. 5/15-1508(b) because the court abused its discretion in refusing to confirm a judicial sale in a foreclosure action. Further, a private sale by the owners of the mortgaged property occurred after the redemption period expired.
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| Sathoff v. Sutterer, NO. 5-06-0257,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, May 8, 2007, Filed
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Overview: Trial court properly dismissed plaintiff's action to quiet title to property, because pursuant to the Joint Tenancy Act, 765 Ill. Comp. Stat. An. 1005/1b (2004), the other joint tenants in the property in question severed the joint tenancy by deeding their interests from themselves as grantors to themselves as grantees.
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| City of Elgin v. All Nations Worship Ctr., No. 2-06-0793,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 9, 2007, Filed
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Overview: Trial court properly denied a worship center's petition for attorney's fees pursuant to the Illinois Religious Freedom Restoration Act, 775 Ill. Comp. Stat. Ann. 35/20 (2004), because the worship center was not a prevailing property in an underlying zoning dispute with a city.
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| De Bouse v. Bayer AG, NO. 5-06-0077,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, May 9, 2007, Filed
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Overview: Where an order granting class certification was amended nunc pro tunc because the court clerk failed to provide notice, defendants' Ill. Sup. Ct. R. 306(a)(8) petition for leave to appeal was untimely because, inter alia, the trial court lacked authority to vacate and reenter the same order more than 30 days after it had been originally entered.
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| Fleming v. Ret. Bd. , No. 1-06-1315,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, May 9, 2007, Decided
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Overview: Fireman's widow was entitled to receive a widow's annuity, under 40 Ill. Comp. Stat. Ann. 5/6-142(B), upon her repayment of a refund to her late husband's estate, under 40 Ill. Comp. Stat. Ann. 5/6-162, as her husband was disabled at the time of his death. She also was not entitled to receive a widow's annuity at the time of her husband's death.
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| People v. Montoya, No. 2-05-0458,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 9, 2007, Filed
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Overview: Conviction for identity theft was supported by evidence that defendant, an undocumented immigrant, used the victim's name and social security number to obtain a job and insurance benefits, which defendant would not have been otherwise entitled to. Defendant was entitled to a $ 5 credit for the partial day she spent in custody before posting bond.
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| First Merit Realty Servs. v. Amberly Square Apts., L.P., 1-05-3556,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, May 10, 2007, Decided, May 10, 2007, Opinion Filed
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Overview: Trial court's judgment confirming arbitration award had to be vacated, as arbitrators exceeded scope of their authority in violation of 710 Ill. Comp. Stat. Ann. 5/12(a) in awarding monetary damages to management businesses; unambiguous contract language applied to facts showed that the apartment complex owners properly terminated the contract.
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| Northern Trust Co. v. Knox, No. 1-06-1713,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, May 10, 2007, Opinion Filed
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Overview: Preponderance of the evidence, including a 1929 ruling that "First Takers" of a trust had only income interests in the trust, a 1933 ruling that First Takers could not dispose of the trust principal, and language in the trust itself delaying vesting, established that interests in the trust principal vested upon the trust's termination.
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| People v. Cazacu, No. 1-06-0376,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, May 10, 2007, Decided, May 10, 2007, Opinion Filed
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Overview: Although State failed to lay proper foundation for records where expert did not testify as to his personal knowledge of them or whether they were kept in regular course of business, no reversible error occurred; he stipulated as to testimony of true card holders for altered cards he tried to use, and, thus, waived admissibility issue on review.
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