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| Rice v. White, NO. 4-06-0512,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, May 23, 2007, Filed
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Overview: A trial court erred in denying party hosts' motion for a directed verdict in an action by a mother of a party guest who was fatally shot by another guest, as there was no evidence that the deceased guest had relied on the hosts' voluntary undertaking of a duty to check for weapons, and no showing of proximate causation.
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| Sobczak v. GMC, No. 1-05-2154,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, May 23, 2007, Decided
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Overview: Trial court erred in directing verdict for car manufacturer on issue of strict liability relating to the van's heat shielding, as evidence presented did not so favor the car manufacturer so as to preclude a verdict for claimant; jury could have found elimination of two heat shields found on other van models proximately caused claimant's injuries.
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| File v. Duewer, NO. 4-06-0394,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, May 24, 2007, Filed
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Overview: Carpenter should have been allowed to proceed under 510 Ill. Comp. Stat. Ann. 5/16 for injuries caused by charging heifer; Illinois Domestic Animals Running at Large Act, 510 Ill. Comp. Stat. Ann. 55/1, did not apply because when the incident occurred, the heifer's owner was asserting control over his cattle, trying to return them to his property.
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| Gruenes v. Johnsburg Police Pension Bd. (In re Surviving Spouse Application), No. 2-06-0532,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 24, 2007, Filed
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Overview: Judgment was reversed as denial of widow's claim for line-of-duty benefits under 40 Ill. Comp. Stat. Ann. 5/3-112(c) and (e) was proper as police officer was killed in traffic accident while he was driving to develop photographic film, which did not inherently involve special risk, not ordinarily assumed by citizen in ordinary walks of life.
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| People v. Evans, No. 1-05-2636,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, May 24, 2007, Decided
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Overview: Defendant's sentence (100 years total) was appropriate, as it complied with the legislative intent underlying the enactment of 730 Ill. Comp. Stat. Ann. 5/5-8-1(a)(1)(d)(iii), and the absence of an adult criminal record was not remarkable considering he was only 19 years old when he committed murder. His conviction and sentence were affirmed.
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| People v. Green, Docket No.102751.,
SUPREME COURT OF ILLINOIS, May 24, 2007, Opinion Filed
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Overview: Appellate court erred in reducing defendant's conviction from Class 1 to Class 2 robbery based on perceived conflict between robbery elements instruction and verdict form; 720 Ill. Comp. Stat. Ann. 5/18-1 set out a single offense of robbery, and instruction set out elements for Class 1 robbery, the precise offense identified in the verdict form.
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| People v. Johnson, Docket No. 102096.,
SUPREME COURT OF ILLINOIS, May 24, 2007, Opinion Filed
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Overview: Definition of "sex offense" in former 730 Ill. Comp. Stat. Ann. 150/2(B)(1.5), which included aggravated kidnapping of a minor by a non-parent, regardless of any sexual motivation, was constitutional as applied to defendant who claimed no sexual motivation in a kidnapping; chosen definition was reasonably related to goal of protecting the public.
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| People v. Manns, NO. 4-05-0942,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, May 24, 2007, Filed
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Overview: Trial counsel was ineffective in not raising an insanity defense because accounts of defendant's behavior at the time of the offense, statements defendant made in court, and defendant's fitness evaluations demonstrated defendant was delusional at time of offense and lent support to defense that he was unable to appreciate criminality of conduct.
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| People v. Piatkowski, Docket No. 102087.,
SUPREME COURT OF ILLINOIS, May 24, 2007, Opinion Filed
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Overview: Giving jury instruction using "or" between factors used to weigh identification testimony was plain error under Ill. Sup. Ct. R. 451, 615 that required new trial; instruction constituted clear error and evidence was closely balanced as eyewitnesses saw suspect briefly, did not know suspect, and six months elapsed between crime and identification.
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| New Light Cemetery Ass'n v. Baumhardt, 1-06-1294,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, May 25, 2007, Decided
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Overview: Denial of preliminary injunction was abuse of discretion as all required elements were shown and there was substantial likelihood that a cemetery would be successful on merits in action to recover cemetery records; actions by cemetery caretaker suggested records belonged to cemetery, not caretaker, such that caretaker should not have removed them.
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