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| Bauer v. State Emples. Ret. Sys. , No. 1-03-1589,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, June 30, 2006, Decided
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Overview: Reversal of ruling that ordered the termination of claimant's benefits because of his conviction of a felony relating to or arising out of or in connection with his service as a state employee, in violation of 40 Ill. Comp. Stat. Ann. 5/14-149, was error; but for status as state employee, he would not have been able to commit the relevant felony.
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| Cangelosi v. Capasso, No. 2-05-0643,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 30, 2006, Filed
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Overview: Circuit court order in a medical malpractice case finding an attorney in direct civil contempt for not producing notes that his client, a nurse, took after attending to a patient was affirmed because the notes were not protected by either the attorney-client privilege or the work product privilege under Ill. Sup. Ct. R. 201(b)(2).
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| Emerald Casino, Inc. v. Ill. Gaming Bd., No. 1-05-3142,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, June 30, 2006, Decided , June 30, 2006, Opinion Filed
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Overview: Appeal of dismissal of complaint seeking declaratory and injunctive relief challenging Illinois Gaming Board's rules was dismissed as appeal under Illinois Riverboat Gambling Act, specifically 230 Ill. Comp. Stat. Ann. 10/17.1(a), of revocation of casino's license was pending in Illinois Appellate Court, Fourth District, raising same issues.
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| Fortech, L.L.C. v. R.W. Dunteman Co., No. 1-05-1526,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, June 30, 2006, Decided , June 30, 2006, Opinion Filed
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Overview: Summary judgment for landlord's agent on lessee's conversion claim was vacated as even if agent did not directly benefit from use of lessee's material and followed landlord's instructions, agent could be held liable. Lessee was entitled to undisturbed possession of site when landlord instructed agent to enter site and agent used material.
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| Mattuck v. DaimlerChrysler Corp., No. 1-04-3830,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, June 30, 2006, Decided
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Overview: Trial court properly entered judgment on jury's verdict awarding damages to car lessee on his claims for breach of written warranty and breach of implied warranty of merchantability pursuant to the Magnuson-Moss Warranty Act, 15 U.S.C.S. § 2301(3) (Act), as he, as a lessee, qualified as a "consumer" under the Act.
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| People v. Cumbee, No. 2-03-1177,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 30, 2006, Decided , June 30, 2006, Filed
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Overview: Fry hearing on luminol testing was not required as such testing was not novelty and was universally accepted as presumptive test for blood. Evidence of alleged prior bad acts, physical abuse of victim, was admissible to show criminal intent. Error in admission of victim's testimonial statements to co-worker was harmless given overwhelming evidence.
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| People v. Davit, No. 2-04-0931,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 30, 2006, Decided , June 30, 2006, Filed
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Overview: Conviction for violation of order of protection under 720 Ill. Comp. Stat. Ann. 5/12-30 was reversed as order was ambiguous; order was unclear whether it prohibited defendant from being on property or only from being inside house. As defendant was convicted under criminal statute and punished under statutory code, principle of lenity applied.
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| People v. Gancarz, No. 2-04-0190,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 30, 2006, Decided , June 30, 2006, Filed
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Overview: Cannabis found in home and car was more prejudicial than probative, but error was harmless as defendant was not unfairly prejudiced by admission. Finding of recklessness for reckless homicide charge was amply supported by, inter alia, scientific evidence of staggering amount of THC that remained in defendant's system eight hours after incident.
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| People v. McDonald, No. 1-03-1283,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, June 30, 2006, Decided , June 30, 2006, Modified Opinion Filed
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Overview: Reversing defendant's conviction of aggravated robbery, an uncharged offense, was palpably erroneous; his conviction was reinstated. Aggravated robbery was not lesser included offense of armed robbery, but defendant invited court's error by arguing that evidence supported only aggravated robbery. He was not allowed to take advantage of such error.
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| People v. Scott, No. 1-04-2019,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, June 30, 2006, Decided , June 30, 2006, Opinion Filed
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Overview: Trial court erred in denying defendant's motion to suppress statements, as his arrest for the murder in question was unlawful, and the techniques used by the police to elicit defendant's statements amounted to an exploitation of defendant's illegal detention, and thus the statements were not sufficiently attenuated from the illegal arrest.
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