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| Faircloth v. Sternes, No. 2-05-0736,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, August 1, 2006, Filed
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Overview: Trial court did not err in denying defendant's petition for habeas corpus, as he did not rebut presumption that drug-induced homicide statute, now 720 Ill. Comp. Stat. Ann. 5/9-3.3(a), was constitutional; that statute was not so vague or overbroad as to be unconstitutional and the penalty for violating it was unconstitutionally disproportionate.
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| People v. Mata, No. 2-03-0446,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, August 1, 2006, Filed
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Overview: Because there was evidence a murder was cold or without feeling or sympathy and defendant deliberated or reflected upon the murder for an extended period of time, where defendant lured the victim home from a bar in order to kill him, defendant was eligible for the death penalty under 720 Ill. Comp. Stat. 5/9-1(b)(11) (1998).
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| Ill. Dep't of Healthcare & Family Servs. ex rel. Stover v. Warner, NO. 4-05-0464,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, August 2, 2006, Filed
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Overview: Father's child-support obligation should have been terminated pursuant to 750 Ill. Comp. Stat. Ann. 50/17, after the father's parental rights were terminated because the father should have been relieved of all parental responsibility despite the fact that the children were not in the process of being adopted.
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| People v. Blakney, 1-04-3669,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, August 2, 2006, Decided , August 2, 2006, Opinion Filed
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Overview: Convictions for possession of a controlled substance with intent to deliver within 1000 feet of a public housing agency, under 720 Ill. Comp. Stat. Ann. 570/401(c)(2), and possession of cannabis with intent to deliver, under 720 Ill. Comp. Stat. Ann. 550/5(f) were affirmed as the evidence sufficiently showed defendant's intent to deliver the drugs.
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| People v. Garibay, No. 2-04-1095,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, August 2, 2006, Filed
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Overview: Sentence for second degree murder under 720 Ill. Comp. Stat. Ann. 5/9-2(a)(1) was affirmed because provocation was not a mitigating factor as provocation was inherent in the form of second degree murder that defendant was found guilty of committing. Further, after considering the circumstances, the sentencing court did not abuse its discretion.
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| People v. Petty, NO. 4-05-0213,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, August 2, 2006, Filed
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Overview: Defendant's appeal of the denial of his petition for vacation of his sentence and a remand for proceedings on his original motion to withdraw his guilty plea was denied because the issue of whether counsel should have filed an Ill. Sup. Ct. R. 604(d) certificate was forfeited as it was not raised and adjudicated on direct appeal.
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| Quincy Sch. Dist. No. 172 v. Ill. Educ. Labor Rels. Bd., NO. 4-05-1027,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, August 2, 2006, Filed
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Overview: When the appellate court in remanding a case to the Illinois Educational Labor Relations Board stated, "Since no party filed a motion to have the complaint's allegations deemed admitted, we remand the cause for a hearing on the merits," this language required a hearing. It did not mean that if such a motion was filed, no hearing would be needed.
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| People v. Woodard, No. 1-04-1981,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, August 3, 2006, Decided , August 3, 2006, Opinion Filed
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Overview: Defense counsel was not ineffective for failing to move to suppress voluntary inculpatory statement. Defendant was not entitled to jury instruction on lesser included offense of second degree murder as there was no evidence of provocation. Conviction for solicitation, based on orchestration of death of victim other than murdered victim was upheld.
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| People v. Mitchell, No. 1-02-1244,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, August 4, 2006, Decided
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Overview: Failure to suppress defendant's confession was reversible error; under totality of circumstances, his confession was not voluntarily given, in violation of his Fourth Amendment rights, as a judicial finding of probable cause was not made within 48 hours of his arrest and State did not show delay was due to emergency or extraordinary circumstance.
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| Varela v. St. Elizabeth's Hosp. of Chi., Inc., No. 1-05-3718,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, August 7, 2006, Opinion Filed
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Overview: Cases cited by plaintiff did not support their claim that a physician owed a minor a common law duty of care to diagnose the minor's healed rib fractures, determine that he was being physically abused, and report such child abuse. Plaintiffs also did not show denial of leave to file their proposed amended complaint was an abuse of discretion.
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