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| People v. Smolley, No. 3-05-0793,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, July 24, 2007, Filed
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Overview: Defendant's natural life sentence pursuant to 730 Ill. Comp. Stat. Ann. 5/5-8-1(a)(1)(c)(ii) did not violate the proportionate penalties clause of the Illinois Constitution, Ill. Const. art. I, § 11 (1970). Prior to killing a woman and her daughter he committed multiple burglaries, and he had violated his probation.
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| People v. Derris Co., NO. 5-06-0327,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, July 25, 2007, Decided, July 25, 2007, Filed
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Overview: Judgment was reversed and remanded to modify an inmate's sentence because he was not adequately informed of a mandatory supervised release and the unilateral modification of his plea agreement denied him the benefit of the sentence for which he bargained and violated his constitutional right to due process and fundamental fairness.
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| Frigo v. Silver Cross Hosp. & Med. Ctr., No. 1-05-1240,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, July 26, 2007, Decided
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Overview: Since plaintiff's original medical malpractice complaint was timely filed and the first amended complaint, adding a negligent credentialing count, grew out of an occurrence set forth in the original complaint, the negligent credentialing count was deemed to have related back under 735 Ill. Comp. Stat. 5/2-616 to the original complaint.
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| Jennings v. Baron, No. 2-06-0826,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 26, 2007, Filed
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Overview: Buyers were not obligated to complete purchase of real estate after they proposed modifications to contract pursuant to an attorney approval clause and the seller failed to agree to the modifications in writing within 10 days; the failure to reach a written agreement as required by the clause rendered the contract null and void.
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| Lopez v. Northwestern Mem'l Hosp., No. 1-06-1297,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, July 26, 2007, Decided
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Overview: Trial court did not err in directing a verdict in part for the hospital, first doctor, and second doctor, as even though parents presented evidence of deviations from applicable standards of care, they did not present proper expert testimony linking those deviations to one parent's uterine rupture and complications the infant suffered at birth.
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| People v. Longoria, No. 2-06-0353,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 26, 2007, Filed
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Overview: Trial court erred in dismissing with prejudice charges against defendant based on finding that mistrial was occasioned by the State's violation of an in limine order; as defendant sought the mistrial, double jeopardy barred a retrial only if the State "goaded" defendant into seeking the mistrial and no such finding was made.
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| York Ctr. Fire Prot. Dist. v. Kubiesa, Spiroff, Gosselar & Acker, P.C., No. 2-06-0359,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 26, 2007, Filed
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Overview: Dismissal of fire protection district's professional negligence action stemming from alleged negligence regarding advice given regarding a referendum was proper as the district failed to allege damages; neither the lower than expected revenues from the referendum nor the delay they caused in implementing upgrades constituted damages.
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