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| Bellik v. Bank of Am., Docket No. 1-06-0620,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, June 8, 2007, Decided, June 8, 2007, Opinion Filed
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Overview: Vehicle purchaser's third-party complaint was dismissed under 735 Ill. Comp. Stat. Ann. 5/2-615 against a bank as none of the claims constituted proper third-party claims under 735 Ill. Comp. Stat. Ann. 5/2-406(b); a 2003 car contract, on which bank was an assignee, was separate from the 2002 contract on which the purchaser was sued by second bank.
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| People v. Beachem, No. 1-05-0045,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, June 8, 2007, Decided
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Overview: Evidence defendant possessed 23.9 grams of cocaine and admitted he sold drugs supported possession with intent to deliver finding. Defendant was granted credit under 730 Ill. Comp. Stat. Ann. 5/5-8-7(b), for time spent in custody before trial and between conviction and sentencing, and for time in jail as participant in day reporting center program.
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| People v. John N. (In re John N.), No. 3-06-0512, (Consolidated with No. 3-06-0513),
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, June 8, 2007, Filed
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Overview: Order allowing the involuntary administration of psychotropic medications was reversed; language in the order that, read literally, authorized medication to be administered under supervision of a doctor, the staff of a hospital, and Illinois Department of Human Services, did not satisfy requirements of 405 Ill. Comp. Stat. Ann. 5/2-107.1(a-5)(6).
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| People v. LaFaire, No. 3-06-0235,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, June 8, 2007, Filed
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Overview: Dismissal based on speedy trial violation under 725 Ill. Comp. Stat. 5/103-5(b) was proper because defendant's speedy trial period began when he made speedy trial demand, not later at arraignment. Also, defendant was not charged with delay by his participation in scheduling mutually agreeable trial date that fell within speedy trial period.
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| People v. Luczak, Nos. 1-05-2377 & 1-05-3244 (consolidated),
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, June 8, 2007, Decided
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Overview: Trial court properly dismissed defendant's motion for DNA testing pursuant to 725 Ill. Comp. Stat. Ann. 5/116-3; defendant previously requested DNA testing in his case, the request for DNA testing was denied, defendant did not appeal that ruling, and that statutory section required that identity be in issue, which in defendant's case it was not.
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| People v. Sims, No. 1-04-2709,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, June 8, 2007, Decided, June 8, 2007, Opinion Filed
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Overview: While testimony from the State's expert was sufficient to convict defendant of first degree/felony murder on theory that stress from robbery caused victim's death 5 1/2 hours later, defendant's conviction was reversed; counsel's failure to raise affirmative defense of compulsion and offer jury instruction on it constituted ineffective assistance.
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| Trossman v. Philipsborn, No. 1-04-0588,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, June 8, 2007, Decided, June 8, 2007, Opinion Filed
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Overview: Summary judgment was affirmed as to the denial of the partners' counterclaim for contribution from a limited partner under an agreement because the partners were precluded from seeking contribution as payments by a corporation were not imputed to the partners. The case was remanded for an evidentiary hearing on attorneys fees under the agreement.
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| Beatty v. Doctors' Co., NO. 5-06-0382,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, June 12, 2007, Decided
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Overview: Arbitration award to an insured was affirmed because the arbitrators did not exceed their power in awarding punitive damages, and there was no gross error of fact or law that was apparent on the face of the award as to the insurer's duty to defend in the underlying lawsuit, or the award of a statutory penalty under 215 Ill. Comp. Stat. Ann. 5/155.
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| People v. Gorka, No. 1-05-2602,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, June 12, 2007, Decided, June 12, 2007, Opinion Filed
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Overview: Defendant's convictions for aggravated fleeing or attempting to elude under 625 Ill. Comp. Stat. Ann. 5/11-204.1(a)(2) and (3) were not inconsistent with his acquittal on that charge under § 11-204.1(a)(1) because a violation of the latter subsection was not a predicate for violation of the other two subsections.
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| People v. Starnes, No. 2-05-0714,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 12, 2007, Filed
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Overview: Trial counsel was not ineffective for failing to pursue hearing or ruling on motion to suppress where defendant consented to search of person and car, eliminating need for probable cause or warrant. Sentence of four and half years for conviction under 720 Ill. Comp. Stat. Ann. 550/5(d) was not abuse of discretion considering prior criminal history.
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