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| People v. Magee, No. 1-05-2646,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, June 29, 2007, Decided, June 29, 2007, Opinion Filed
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Overview: Defendant's armed robbery and aggravated criminal sexual assault convictions were affirmed where the trial court had properly instructed the jury to consider witness reliability factors and two eyewitnesses had positively identified him as the perpetrator. His sentence was not improperly increased under 730 Ill. Comp. Stat. 5/5-8-1(c) (2000).
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| People v. Moore, No. 1-05-1470,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, June 29, 2007, Decided
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Overview: Conviction for felony murder based on burglary under 720 Ill. Comp. Stat. Ann. 5/9-1(a)(3), was reversed because offense of burglary was completed prior to police chase; before defendant engaged the police in a chase that resulted in death of an innocent driver, defendant had reached a place of safety, enjoying use of vehicle, unmolested by police.
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| People v. Robinson, No. 1-04-2437,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, June 29, 2007, Decided, June 29, 2007, Opinion Filed
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Overview: Conviction for involuntary manslaughter as lesser offense of first degree murder was upheld, as victim's status as household member was not "element" of involuntary manslaughter; while 720 Ill. Comp. Stat. Ann. 5/9-3(f), required proof victim was household member, that factor did not create distinct offense, but rather enhanced range of penalties.
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| People v. Shinohara, No. 1-03-0668,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, June 29, 2007, Decided
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Overview: In child pornography case, among other things, defendant's confirmation he had images of victim naked and engaging in sex on computer provided independent basis for reasonable articulable suspicion justifying defendant's detention. Officers had probable cause to seize computer as they personally viewed images indicating defendant committed offense.
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| People v. Stone, No. 1-06-0839,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, June 29, 2007, Decided, June 29, 2007, Opinion Filed
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Overview: Defendant was properly convicted of criminal sexual assault per 720 Ill. Comp. Stat. 5/12-14(b)(1) (1994) and aggravated criminal sexual assault for the ongoing sexual assault of his minor stepdaughter as, inter alia, some claims were not time-barred and those that would be barred were subject to legislative extensions of the limitations period.
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| People v. Tonya W. (In re Reiny S.), No. 1-06-2155,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, June 29, 2007, Decided, June 29, 2007, Filed
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Overview: Trial court improperly relied on evidence from outside any relevant 750 Ill. Comp. Stat. Ann. 50/1(D)(m) nine-month time period when it denied a petition to terminate a mother's parental rights; evidence from a relevant period established that the mother had not made reasonable progress toward her child's return to her and supported termination.
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| People v. Walter, No. 2-06-0104,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 29, 2007, Filed
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Overview: An officer's request, instead of order, to submit to field sobriety tests did not improperly seize defendant's person because it was based on a reasonable suspicion that defendant committed DUI. Officers' collective knowledge then established probable cause that defendant committed DUI, so the Fourth Amendment did not require quashing his arrest.
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| Semande v. Estes, No. 3-06-0452,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, June 29, 2007, Filed
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Overview: Where a creditor obtained a judgment against a corporation for which he was a director, the creditor lacked standing to sue a shareholder for liability under the alter ego theory because the creditor had no standing to pierce the corporation's corporate veil as a director since he did not stand in the position of an innocent third party creditor.
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| Siakepere v. City of Chicago, No. 1-06-1016,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, June 29, 2007, Decided
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Overview: Corporation's complaint for administrative review of a decision regarding a municipal ordinance violation was properly dismissed under 735 Ill. Comp. Stat. Ann. 5/2-619(a)(1) for lack of jurisdiction; corporation's president could not represent it pro se, and as no attorney appeared for the corporation, the complaint was null and void ab initio.
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| Siwek v. Police Bd. of Chi., No. 1-05-3273 and 1-05-3453,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, June 29, 2007, Decided, June 29, 2007, Opinion Filed
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Overview: Trial court erred in vacating police board's termination of officer who violated department rules by working while on a paid medical leave; officer conceded that she had worked as a security guard, a single rule violation was grounds for termination, and there was no basis for finding that the board's decision was arbitrary or capricious.
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