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   State Courts - Illinois - July 18 - July 23, 2007

  
Galena Gazette Publ'ns, Inc. v. County of Jo Daviess, Nos. 2-06-0197 &, 2-06-0243 cons., APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 18, 2007, Filed
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Overview: Trial court erred in granting summary judgment to plaintiffs as to a claim under the Open Meetings Act, 5 Ill. Comp. Stat. Ann. 120/1 et seq. (2004), because the closed meeting in question concerned a lease of real property for the use of a public body, and the meeting was thus exempt under 5 Ill. Comp. Stat. Ann. 120/2(c)(5) (2004).

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Pantoja-Cahue v. Ford Motor Credit Co., No. 1-06-1234, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, July 18, 2007, Decided
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Overview: Automobile purchaser's claim that a credit company committed a breach of the peace when it broke into the purchaser's locked garage to repossess the vehicle in violation of 810 Ill. Comp. Stat. Ann. 5/2A-525 was improperly dismissed because case law indicated a breach of the peace occurred when the collateral was enclosed to exclude trespassers.

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People v. Millsap, NO. 4-05-1053, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, July 19, 2007, Filed
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Overview: Trial court set forth sufficient reasons to justify use of physical restraints, including seriousness of the charge, defendant's physical attributes, defendant's prison record, security of the courtroom, and the adequacy of alternative remedies. Criminal drug conspiracy conviction was vacated as defendant was also convicted of substantive crime.

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People v. Newbill, NO. 4-05-0902, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, July 19, 2007, Filed
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Overview: Officer's testimony concerning victim's description of defendant was admissible as "statement of identification." Sentence of 30 years for robbery was not excessive as defendant had long criminal history, had been sentenced to probationary periods where he failed to rehabilitate himself, and had been incarcerated on at least five prior occasions.

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People v. Anderson, No. 1-05-1577, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, July 20, 2007, Decided, July 20, 2007, Opinion Filed
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Overview: In a petition for relief under the Post-Conviction Hearing Act, 725 Ill. Comp. Stat. Ann. 5/122-1 et seq., as defendant could have brought his due process violation claim (based on police coercion to extract an oral confession) earlier, his failure to do so resulted in the forfeiture of this claim on his third successive postconviction petition.

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CE Design, Ltd. v. Mortgage Exch., Inc., No. 2-07-0318, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 23, 2007, Filed
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Overview: Appellate court dismissed business owners' petition for leave to appeal, as motion for reconsideration of the denial of their motion for class certification did not toll time for filing the petition for leave to appeal and, thus, the petition filed more than 30 days after the trial court's ruling failed to give the appellate court jurisdiction.

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People v. Lafaire, No. 3-06-0235, APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, July 23, 2007, Filed
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Overview: Trial court did not abuse its discretion in ruling defendant's 725 Ill. Comp. Stat. Ann. 5/103-5 speedy trial rights were violated or in declining to charge continuance between November 17, 2004 and January 10, 2005 to defendant as his agreement was not for a mere continuance but for a specific trial date within the speedy trial period.

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People v. Robinson, No. 2-06-0037, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 23, 2007, Filed
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Overview: Trial court properly dismissed, summarily, defendant's motion for postconviction relief; State proved that any error in shackling him during his first-degree murder trial did not contribute to jury's guilty verdict and, thus, defendant was not able to show that either trial or appellate counsel provided ineffective assistance of counsel to him.

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Russell v. Bd. of Educ., No. 1-06-1134, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, July 23, 2007, Opinion Filed
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Overview: Trial court erred in affirming a teacher's discharge pursuant to 105 Ill. Comp. Stat. Ann. 5/34-85 (2006), as a finding that the teacher's conduct was irremediable was clearly erroneous, as a board of education presented no evidence that the teacher tampered with witnesses, and a hearing officer erred in considering expunged disciplinary records.

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State Farm Fire & Cas. Co. v. Utica Nat'l Ins. Group, No. 1-06-3339, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, July 23, 2007, Opinion Filed
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Overview: As the "other insurance" clauses in two umbrella policies were both of the "same type" -- excess clauses -- a trial court properly ruled that they cancelled each other out and that the insurers that issued the policies were to share in the settlement of two personal injury cases on a prorated basis.

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