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