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| Hawthorne Race Course, Inc. v. Ill. Racing Bd., No. 1-04-3280,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, May 19, 2006, Decided , May 19, 2006, Opinion Filed
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Overview: State racing board properly applied statutory formula for recapture set forth in 230 Ill. Comp. Stat. Ann. 5/26(g)(13); under that law, state racing board calculated recapture for each location at which licensees ran races, not for each individual licensee, and it properly calculated 2003 recapture to be recovered in 2004 at certain race course.
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| Nat'l City Corp. v. Dep't of Revenue, No. 1-04-2907,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, May 22, 2006, Decided , May 22, 2006, Filed
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Overview: Although a taxpayer in an income tax dispute had not yet received a final decision reviewable under the Illinois Administrative Review Law, the matter was ripe for judicial review because the taxpayer had sought review under the State Officers and Employees Money Disposition Act after receiving an informal notice of proposed tax liability.
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| People v. Barbosa, NO. 4-04-1071,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, May 22, 2006, Filed
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Overview: Trial court, in imposing public defender fees against defendant, erred in failing to determine defendant's ability to pay as required by 725 Ill. Comp. Stat. Ann. 5/113-3.1(a). Trial court made no finding on his ability to pay, there was nothing in record as to his ability to pay, and no questions were asked as to his financial condition.
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| People v. Cooper, NO. 4-04-0471,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, May 22, 2006, Filed
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Overview: The trial judge did not violate defendant's right to a public trial under the Sixth Amendment by removing spectators, including defendant's mother, from the courtroom due to their audible noises in response to witness testimony. The judge was permitted to rely on the information provided by court officers, who were feet from the spectators.
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| People v. Dunn, NO. 4-04-0995,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, May 22, 2006, Filed
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Overview: Defendant's claim that 720 Ill. Comp. Stat. Ann. 5/12-14.1(a)(1) violated the proportionate penalties clause under the identical elements test because it imposed a harsher sentence than convictions under § 12-14.1(a)(1.1) or (1.2) failed because the latter crimes clearly contained an element -- use of a firearm --that § 12-14.1(a)(1) did not.
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| People v. John N. (In re John N.), No. 3-05-0441 (Consolidated with No. 3-05-0442).,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, May 23, 2006, Decided
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Overview: Orders for involuntary commitment and involuntary administration of psychotropic drugs were reversed. Police officer did not sign commitment petition as required by 405 Ill. Comp. Stat. Ann. 5/3-606 and as respondent would no longer receive mental health services, administration of drugs was not authorized by 405 Ill. Comp. Stat. Ann. 5/2-107.1.
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| People v. Evans, No. 2-04-0706,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 24, 2006, Filed
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Overview: Testimony that defendant was at girlfriend's Dixon apartment after release from jail, defendant's attempt to register as sex offender four days after release, and defendant admission to officer he lived in Dixon 12 days after release from jail supported conviction for failing to register as sex offender under 730 Ill. Comp. Stat. Ann. 150/3.
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| People v. Gail F. (In re Gail F.), Nos. 2-05-0575 & 2-05-0589 cons.,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 24, 2006, Filed
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Overview: Where patient was voluntary admittee to hospital, State, seeking involuntary admission, failed to show that patient had made written request for discharge as required under 405 Ill. Comp. Stat. Ann. 5/3-403. Although psychiatrist testified that patient had requested discharge, there was no evidence that request was in writing.
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| People v. Grace, NO. 4-05-0239,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, May 24, 2006, Filed
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Overview: In guilty plea appeal, where defense counsel did not file Ill. Sup. Ct. R. 604(d) certificate at or before time of motion to reconsider sentence hearing, certificate strictly complied with Ill. Sup. Ct. R. 604(d). Counsel consulted with defendant in person, examined trial court file and guilty plea proceedings report, and made amendments to motion.
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| People v. Jeffers, No. 2-05-0390,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 24, 2006, Filed
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Overview: Trial court erred in granting defendant's motion to suppress statements made to a police officer who asked defendant about circumstances surrounding defendant's vehicle in a ditch where defendant was charged with driving under the influence, 625 Ill. Comp. Stat. Ann. 5/11-501(a)(2); defendant was not "in custody" at time the statements were made.
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