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| People v. Abdennabi, No. 3-06-0052,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, July 11, 2007, Filed
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Overview: Trial court erred in holding defendant in direct criminal contempt of court after it concluded that defendant had presented a fraudulent proof of insurance document in open court, as the trial court did not have personal knowledge that the document was fraudulent and the trial court did not have a basis for finding that his conduct was willful.
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| People v. Wakenight, No. 2-05-1090,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 11, 2007, Filed
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Overview: Defendant's conviction and sentence, entered in absentia after she left courtroom in the middle of trial and never returned, were affirmed; defendant was properly admonished as to trial in absentia, and assertion that she might have left trial due to inadequate representation was not an exception to 725 Ill. Comp. Stat. Ann. 5/115-4.1(a).
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| People v. Waldron, No. 2-05-0980,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 11, 2007, Filed
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Overview: Inmate could properly attack void sentence in second Post-Conviction Hearing Act, 725 Ill. Comp. Stat. Ann. 5/122-1 et seq., petition and as it was impossible for inmate to serve additional sentence after his natural life sentence, consecutive sentences for armed robbery were modified to run concurrently with the natural life sentence.
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| Crank v. Crank, No. 3-06-0907,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, July 12, 2007, Filed
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Overview: Increase in ex-husband's post-termination periodic payments from $96 to $300 per week to cover a post-termination of support arrearage, was proper; 750 Ill. Comp. Stat. Ann. 5/505(g-5) placed no limitation on circuit court's ability to increase payment and 750 Ill. Comp. Stat. Ann. 28/35(c) allowed 60% garnishment of ex-husband's gross weekly wage.
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| Affordable Hous. Pres. Found. v. Wiiams, 1-05-3744,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, July 13, 2007, Decided
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Overview: Colorado not-for-profit corporation (CNFP) had capacity to sue Illinois not-for-profit (INFP) and its president after CNFP lost qualification to do business in Illinois and INFP and its president took CNFP's name and Illinois property; Colo. Rev. Stat. § 7-134-105 provided CNFP with capacity to bring action and to commence suit in its own name.
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| Taylor v. Pekin Ins. Co., NO. 5-05-0605,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, July 13, 2007, Decision Filed
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Overview: Insurer, which issued an auto insurance policy to an accident victims' employer and was the employer's workers' compensation insurance carrier, was not entitled under the policy to a setoff for the entire amount of a workers' compensation lien, without a 25 percent reduction for attorney fees as provided for in 820 Ill. Comp. Stat. Ann. 305/5(b).
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| Lambrecht v. Lambrecht (In re Estate of Lambrecht), No. 1-06-0287,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, July 16, 2007, Filed
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Overview: The trial court's finding that an independent administrator's appraisal of a decedent's interest in certain real estate was a valid and fair appraisal of the fair market value of the property was not against the manifest weight of the evidence. The appraisal did not ignore the value of the land when appraising the fair market value of the property.
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| Nulle v. Krewer, No. 2-06-0947,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 17, 2007, Filed
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Overview: Accident victims failed to show that an employer was subject to vicarious liability under the doctrine of respondeat superior because an employee was conducting a personal errand when the accident occurred, despite the presence of advertising for the employer on the employees' truck, and was not within the time and space limits of his employment.
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| People v. Hoerer, No. 2-05-0366,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 17, 2007, Filed
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Overview: Defendant's convictions were reversed and remanded for a new trial, because defendant received ineffective assistance of counsel based on counsel's stipulation to the admission of testimony by defendant that defendant had entered into plea negotiations with the State, which was inadmissible under Ill. Sup. Ct. R. 402.
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