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| People v. McAfee, No. 3-05-0003,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, July 27, 2006, Decided
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Overview: Trial court's imposition on defendant of a $10 DNA collection fee was void and unenforceable. The court was without authority to impose the fee as it was not authorized under 730 Ill. Comp. Stat. Ann. 5/5-4-3 and it could not be imposed as a condition of probation under 730 Ill. Comp. Stat. Ann.5/5-6-3(b)(2) as it did not relate to rehabilitation.
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| Felzak v. Hruby, No. 2-05-0848,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 28, 2006, Filed
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Overview: Despite invoking 750 Ill. Comp. Stat. Ann. 5/607(b), a grandmother's petition framed a case for grandparent visitation, and because the court had subject matter jurisdiction over cases concerning grandparent visitation pursuant to the common law, the court had subject matter jurisdiction over the grandmother's petition.
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| Maloney v. State Empls. Ret. Sys., No. 1-05-3027,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, July 28, 2006, Decided
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Overview: Former judge's request for reimbursement of contributions he made to a judges' retirement system was untimely and properly rejected by the system's board. The reimbursement issue was determined by the board in a 1994 decision terminating the judge's pension and any complaint for administrative review had to filed within 35 days of that decision.
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| People v. Karim, 1-03-1147,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, July 28, 2006, Decided
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Overview: Defendant's motion to suppress his statement was properly denied as 30-hour delay in presenting defendant to trial court was needed to confirm defendant's identification by fingerprints and by the eyewitnesses and to confirm defendant's identification as shooter through lineup identifications and time delay was not per se excessive.
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| West Suburban Bank v. City of W. Chicago, No. 2-05-0794,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 28, 2006, Filed
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Overview: Trial court did not err in granting summary judgment to the city on the city's annexation of eight land parcels; the trial court properly excluded in its calculation of acreage annexed a public highway included by operation of law under 65 Ill. Comp. Stat. Ann. 5/7-1-13 (2002) in determining whether the "under 60 acres" requirement had been met.
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| Imperial Apparel, LTD v. Cosmo's Designer Direct, Inc., No. 1-05-2744,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, July 31, 2006, Decided , July 31, 2006, Filed
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Overview: Where advertisement purchaser ran ads disparaging conduct and character of president and employee of competitor, First Amendment did not protect purchaser and newspaper from defamation action. If statements were asserted as facts, they were not made in setting in which reader would have inferred that statements were factual in nature.
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| In re Marriage of Gambla, No. 2-05-0971,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 31, 2006, Filed
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Overview: Where trial court, after considering enumerated factors in 750 Ill. Comp. Stat. Ann. 5/602(a), found that mother and father were equally capable parents, it did not err in finding that mother's African-American race slightly tipped scales in her favor in raising biracial child in potentially hostile world, as this was not sole factor considered.
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| People v. Allen, No. 1-04-1090,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, July 31, 2006, Decided , July 31, 2006, Filed
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Overview: Because the evidence established that an appellant was involved in a robbery as the shooter, his 735 Ill. Comp. Stat. Ann. 5/2-1401 (2002) petition was without merit and he was not prejudiced by its dismissal; accordingly, any procedural error committed by the trial court in summarily dismissing the petition was harmless.
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| Spencer v. Ryland Homes Group, Inc., No. 1-05-1332,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, July 31, 2006, Decided , July 31, 2006, Filed
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Overview: Trial court properly dismissed claimant's complaint alleging arbitrator erred in denying her request for attorney fees and properly dismissed her claim of arbitrator error; she did not show she was entitled to attorney fee award under 710 Ill. Comp. Stat. Ann. 5/12(a)(3) since she was not a prevailing party and arbitrator error was not apparent.
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