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| Allton v. Hintzsche, No. 3-05-0771,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, June 6, 2007, Decided
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Overview: As language in a settlement agreement regarding the maintenance of a life insurance policy naming a decedent's children as beneficiaries was ambiguous, a circuit court erred in ruling that former wife was entitled to the benefits; parol evidence should have been allowed to determine the intent of the parties regarding the life insurance policy.
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| People v. Longoria, No. 2-06-0353,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 6, 2007, Filed
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Overview: Trial court erred by dismissing with prejudice the charges against defendant because a retrial would not have violated the double jeopardy clauses of U.S. Const. amend. V and Ill. Const. art. I, § 10. The prosecutor's questions appeared to have been, at worst, mere mistakes, and there was no evidence of prosecutorial overreaching.
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| Smith v. Waukegan Park Dist., No. 2-05-0628,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 6, 2007, Filed
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Overview: As park district superintendent who fired an employee was not subject to personal liability on a retaliatory discharge claim, the park district itself was immune from liability under 745 Ill. Comp. Stat. Ann. 10/2-109, regardless of whether the superintendent's act was a discretionary one based on a determination of policy.
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| Kankakee County Bd. of Review v. Property Tax Appeal Bd., Docket No. 102318,
SUPREME COURT OF ILLINOIS, June 7, 2007, Opinion Filed
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Overview: A Property Tax Appeal Board's decision disregarding an appraisal that attributed the rights and privilege of naturally occurring gas storage reservoirs to the subject property was affirmed as the easements and government permits did not pertain to the property under 35 Ill. Comp. Stat. 2001-130 (2004) and their proximity was not a marketable asset.
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| McNamee v. Sandore, No. 2-05-0739,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 7, 2007, Filed
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Overview: In a medical negligence action, the trial court's determination that summary judgment was appropriate on grounds of res judicata was reversed. The record showed no actual agency relationship between a hospital and either a physician's employer or the physician. There was also an issue of material fact on the matter of apparent agency.
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| People v. Hauschild, Docket No. 102468,
SUPREME COURT OF ILLINOIS, June 7, 2007, Opinion Filed
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Overview: Appellate court properly vacated defendant's nonenhanced sentence for attempted murder and properly directed trial court to add mandated 15-year sentence enhancement to new base sentence; since his case was pending when Sharpe was decided, Sharpe could be applied retroactively, which meant 15-year enhancement did not violate Illinois Constitution.
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| People v. Melchor, Docket No. 101772.,
SUPREME COURT OF ILLINOIS, June 7, 2007, Opinion Filed
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Overview: Appellate court erred in ruling on Confrontation Clause claim regarding the use of the prior testimony of a deceased witness defendant had not cross-examined; propriety of trial court's ruling testimony was admissible under 725 Ill. Comp. Stat. Ann. 5/115-10.4 had to be considered before the appellate court reached any constitutional issue.
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| People v. Vincent, Docket No. 101477.,
SUPREME COURT OF ILLINOIS, June 7, 2007, Opinion Filed
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Overview: A decision denying a prisoner relief under 735 Ill. Comp. Stat. 5/2-1401 (2002) was affirmed as a responsive pleading from the State was not required for the trial court to act, that court had sua sponte determined that the prisoner's allegation failed to provide a legal basis for relief, and on de novo review, the petition was properly denied.
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| Rath v. Carbondale Nursing & Rehab. Ctr., Inc., NO. 5-05-0513,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, June 7, 2007, Filed
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Overview: Evidence regarding a nursing home's negligence in an action against it for damages under the Illinois Nursing Home Care Act was admissible despite the nursing home's judicial admission of negligence because the admission was limited to a specific period of care while the negligence claim encompassed the patient's entire stay at the nursing home.
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