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| People v. Holland, No. 1-05-4014,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, June 21, 2007, Filed
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Overview: Trial court erred in denying defendant's petition to expunge convictions for which defendant had received an executive pardon, because 20 Ill. Comp. Stat. Ann. 2630/5(c) (2004) did not restrict eligibility to defendants that had been acquitted of charges and did not have prior criminal records.
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| People v. Jolly, NO. 4-05-1015,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, June 21, 2007, Filed
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Overview: Defendant's postconviction relief petition pursuant to 725 Ill. Comp. Stat. Ann. 5/122-1 through 122-8 (2004) was properly denied, because defendant failed to claim ineffectiveness by post-plea counsel in his postconviction petition, and thus defendant forfeited any claims of ineffectiveness by post-plea counsel.
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| People v. Kellems, NO. 4-06-0824,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, June 21, 2007, Filed
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Overview: Trial court erred in revoking defendant's supervision as probation officer who filed petition to revoke lacked authority to do so; authority to file such petitions was not a probation officer duty listed in 730 Ill. Comp. Stat. Ann. 110/12, but rather was solely within the power of the State's Attorney under 55 Ill. Comp. Stat. Ann. 5/3-9005(a)(1).
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| People v. Lyons, NO. 4-06-0110,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, June 21, 2007, Filed
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Overview: Trial court properly denied defendant's motion to suppress evidence in a trial on drug charges, as the search warrant for defendant's residence was supported by probable cause, and the State established that a confidential informant was a sufficiently reliable and trustworthy source of information.
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| People v. Montgomery, NO. 4-05-0151,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, June 21, 2007, Filed
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Overview: Defendant was properly denied a continuance on the first day of jury selection for substitution of counsel because he failed to identify a specific attorney that had been secured and failed to show that he had the financial resources to hire an attorney of his choice.
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| People v. Wheeler, Docket No. 102550.,
SUPREME COURT OF ILLINOIS, June 21, 2007, Opinion Filed
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Overview: As defendant's murder case relied heavily on the credibility of police witnesses, the prosecutor's utilization of closing arguments to inflame the passions of the jury was a material factor. Without the arguments, a contrary verdict could have been reached; thus, a new trial was appropriate (U.S. Const. amend. XIV, Ill. Const. art. I, § 2 (1970)).
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| S. Ill. Univ. Found. v. Stark (In re Estate of Stark), NO. 4-06-0778,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, June 21, 2007, Filed
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Overview: Where claims under 755 Ill. Comp. Stat. Ann. 45/2-7 and 2-10 regarding an agent's authority to renounce will under a durable power of attorney was contingent upon whether the power of attorney was valid in the first place and validity issue was still pending, there was just reason to delay beneficiaries' appeal pursuant to Ill. Sup. Ct. R. 304(a).
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