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| Johnson v. Harris, No. 3-06-0504,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, June 15, 2007, Filed
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Overview: Homeowner's insurer was not entitled to summary judgment regarding its duty to defend an insured in a personal injury action as a vehicle stored on blocks in the insured's garage was not necessarily subject to registration under 625 Ill. Comp. Stat. Ann. 5/3-401 and, thus, an issue of fact existed as to whether the vehicle was in "dead storage."
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| Morgan v. Dep't of Fin. & Prof'l Regulation, No. 1-06-0266,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, June 15, 2007, Decided, June 15, 2007, Filed
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Overview: Judgment was reversed and remanded because, although the Illinois Clinical Psychologist Licensing Act, 225 Ill. Comp. Stat. Ann. 15/1 et seq., itself, was not unconstitutional, the Illinois Department of Financial and Professional Regulation violated a licensee's right to due process by not promptly reaching a final determination after a hearing.
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| NDC, LLC v. Topinka, No. 2-05-1206,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 15, 2007, Filed
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Overview: In a suit protesting a franchise tax imposed under 805 Ill. Comp. Stat. 5/15.65, it was held that 805 Ill. Comp. Stat. 5/14.30 did not permit a merging corporation to net a decrease in paid-in capital resulting from the merger against an increase in paid-in capital from the prior corporate reorganization for purposes of calculating the tax.
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| People v. Gorosteata, No. 1-04-2469,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, June 15, 2007, Decided, June 15, 2007, Filed
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Overview: Defendant's case was removed from the ambit of Franks because the informant personally testified before the magistrate at the time the officer applied for the search warrant. The trial court erred in failing to give defendant credit against an assessment for his pretrial incarceration, pursuant to 725 Ill. Comp. Stat. Ann. 5/110-14 (2004).
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| People v. Howard, No. 1-05-0917,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, June 15, 2007, Decided
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Overview: Defendant's first degree murder conviction, predicated on felony home invasion, was affirmed. Defendant never had tenancy interest in his wife's townhouse, and as he no longer had permission to live there, under 720 Ill. Comp. Stat. Ann. 5/12-11(d), defendant's unauthorized entry into the townhouse was an entry into the "dwelling place of another."
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