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| Kronemeyer v. U. S. Bank Nat'l Ass'n, NO. 5-05-0374,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, July 5, 2006, Filed
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Overview: Circuit court erred by denying a bank's motion to dismiss the class representatives' action against the bank because the representatives did not have standing to bring a claim for wrongful dishonor under 810 Ill. Comp. Stat. Ann. 5/4-402, and their remaining claims were preempted by the National Bank Act, 12 U.S.C.S. § 93a, and regulations.
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| Murray v. Chi. Youth Ctr., Docket No. 99457.,
SUPREME COURT OF ILLINOIS, July 5, 2006, Opinion Filed
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Overview: Affirmance was proper of summary judgment ruling for board of education, agency, and agency employee on complaint for injuries the injured child sustained while voluntarily participating in hazardous recreational activity; 745 Ill. Comp. Stat. Ann. 10/3-109(c) granted them limited immunity and no exceptions to it were shown to apply.
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| People v. Collins, 1-03-3456,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, July 5, 2006, Decided , July 5, 2006, Opinion Filed
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Overview: Right to confrontation was not violated as defense counsel was not prohibited from asking witness about whether arrest had been stricken from record and whether it affected motivation for testifying, but only from inquiring into facts of arrest. Evidence defendant punched victim in neck and demanded currency supported attempted robbery conviction.
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| People v. Driggers, Docket No. 97439.,
SUPREME COURT OF ILLINOIS, July 5, 2006, Opinion Filed
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Overview: Denial of a motion to suppress was affirmed. A canine sniff, conducted during a lawful traffic stop that lasted less than five minutes, which revealed no information other than the location of contraband that defendant had no right to possess, did not offend the fourth amendment.
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| People v. Harvey, 1-04-2188,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, July 5, 2006, Decided , July 5, 2006, Opinion Filed
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Overview: Defendant was properly admonished after rejecting the State's plea offer, and reversal was not required as defendant was not prejudiced by the trial court's admonishment. Improper admission of prior inconsistent statements and written statements as substantive evidence under 725 Ill. Comp. Stat. Ann. 5/115-10.1 (2002) was harmless error.
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| People v. Hudson, Docket No. 100033.,
SUPREME COURT OF ILLINOIS, July 5, 2006, Opinion Filed
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Overview: Instruction that defendant committed felony murder in violation of 720 Ill. Comp. Stat. Ann. 5/9-1(a)(3) if, in attempting an armed robbery, he set in motion a chain of events that caused cofelon's death by third person who was trying to prevent robbery, was proper; that killing was "direct and foreseeable consequence" did not have to be mentioned.
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| People v. Leslie H. (In re Leslie H.), No. 2-05-0648,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 5, 2006, Filed
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Overview: Trial court's order authorizing administration of psychotropic medication required reversal since patient's criminal defense attorney was not notified of petition as required by 405 Ill. Comp. Stat. Ann. 5/2-107.1(a-5)(1); notice served on Kane County public defender could not be imputed to criminal defense attorney, Cook County public defender.
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| Handelsman v. Handelsman, No. 2-05-0790,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 7, 2006, Filed
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Overview: Trial court erred in taking extrinsic evidence to construe a trust. Language of trust was unambiguous and as trust was a will substitute, failed bequests abated ratably under 755 Ill. Comp. Stat. Ann. 5/24-3, not preferentially, and reformation of the trust to state otherwise was improper.
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| Hansel v. Hansel, No. 3-05-0749,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, July 7, 2006, Filed
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Overview: Trial court's determination that pursuant to the best interests of the child standard in 750 Ill. Comp. Stat. Ann. 5/609(a), a mother would not be allowed to move her child to North Carolina, was not against the manifest weight of the evidence. The move would not enhance the child's life and would affect her close relationship with her father.
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| Rosewood Care Ctr., Inc. v. Cook, No. 3-05-0299,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, July 7, 2006, Filed
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Overview: Where physician for employer promised health care provider that it would pay employee's expenses and where, after costs were incurred, employer refused to do this, statute of frauds under 740 Ill. Comp. Stat. Ann. 80/1 did not bar provider's breach of contract action since oral promise was made before obligation of employee had been incurred.
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