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| Matthews v. Avalon Petroleum Co., No. 1-05-2606,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, June 29, 2007, Filed
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Overview: Although jury returned special verdict finding that truck driver could reasonably continue to use damaged fuel pump despite his knowledge of damage because the advantage of doing so outweighed the apparent risk, a general verdict for defendants was not inconsistent because jury could have found driver more than 50 percent contributorily negligent.
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| Mortgage Elec. Sys. v. Gipson, No. 1-06-2363,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, June 29, 2007, Decided, June 29, 2007, Opinion Filed
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Overview: A court's order confirming a judicial sale and denying a mortgagor's emergency motion to quash service for lack of jurisdiction was reversed where the parties and the court had not addressed whether the mortgagor had abandoned her objection to jurisdiction when she failed to appear at a status date following her initial objection to jurisdiction.
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| Patel v. McGrath, No. 2-06-0472,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 29, 2007, Filed
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Overview: Dismissal of specific performance action was error; letter sent under attorney-approval clause with suggested modifications to real estate contract was not a rejection of the original contract, as the attorney-approval clause operated as a condition subsequent and not as a conditional acceptance, and letter clearly stated it was not a counteroffer.
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| People v. Albitar, No. 1-05-3362,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, June 29, 2007, Decided
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Overview: Fact that defendant had accepted a voluntary deportation that prevented him from appearing at his criminal trial did not entitle him to a refund of his bond under 725 Ill. Comp. Stat. Ann. 5/110-7(g); defendant failed to advise the trial court about the pending deportation or to seek a stay of deportation so the criminal charges could be resolved.
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| People v. Bailey, No. 1-04-3835,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, June 29, 2007, Decided, June 29, 2007, Filed
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Overview: Inmate was not entitled to postconviction relief due to ineffective assistance of trial counsel because, inter alia, inmate failed to show prejudice; even if subject grand jury testimony was admissible as impeachment evidence, it would have had little, if any, more weight than stipulation agreed to. Inmate also failed to show conflict of interest.
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| People v. Barner, No. 1-04-3131,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, June 29, 2007, Decided, June 29, 2007, Opinion Filed
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Overview: State was properly allowed to impeach defendant with earlier conviction for failure to register under Sex Offender Registration Act, 730 Ill. Comp. Stat. Ann. 150/1 et seq. (1998), as trial judge understood and applied Montgomery test; earlier conviction was less than 10 years old and prejudicial effect was diminished by limiting instruction.
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| People v. Brown, No. 2-06-0550,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 29, 2007, Filed
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Overview: Defendant was entitled to dismissal of the summary suspension of his driving privileges because the trial court failed to provide a hearing on defendant's refiled petition to rescind within 30 days of service of the refiled petition on the trial court, as was required by 625 Ill. Comp. Stat. Ann. 5/2-118.1(b).
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| People v. Craig, No. 2-06-0318,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 29, 2007, Filed
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Overview: Trial court erred in dismissing charges against defendant for failure to register as a sex offender; defendant was properly ordered to register after he pled guilty in 1996 to unlawful restraint, requirement did not violate due process, and 2005 amendment to 730 Ill. Comp. Stat. Ann. 150/2(B)(1.5) was not retroactive and did not apply to defendant.
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| People v. E.H. (In re E.H.), 1-01-2776,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, June 29, 2007, Decided, June 29, 2007, Filed
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Overview: Where a minor was found delinquent for aggravated criminal sexual abuse and assault against children she babysat, one child's statements, pursuant to 725 Ill. Comp. Stat. Ann. 5/115-10, were improperly admitted as a year passed between the alleged event and the child's outcry, she was two at the time, and she might have been mimicking her sister.
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| People v. English, No. 3-05-0688,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, June 29, 2007, Filed
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Overview: Defendant's motion to reinstate his original postconviction petition should have been allowed because it was timely filed, pursuant to 735 Ill. Comp. Stat. 5/13-217 (2004), within one year after the voluntary dismissal of the original postconviction petition, pursuant to 725 Ill. Comp. Stat. 5/122-5 (2004) of the Post-Conviction Hearing Act.
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