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| People v. Izquierdo-Flores, No. 2-04-0515,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, August 28, 2006, Filed
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Overview: State violated speedy-trial statute, 725 Ill. Comp. Stat. Ann. 5/103-5(a), in murder action as charges of first and second-degree murder were subject to compulsory joinder under 720 Ill. Comp. Stat. Ann. 5/3-3, and thus, delays attributable to defendant on initial second-degree murder charge were not attributable to defendant on subsequent charges.
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| People v. O'Neill, No. 2-05-0701,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, August 28, 2006, Filed
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Overview: Because defendant could make her request under 725 Ill. Comp. Stat. Ann. 5/110-14 for a credit against her fine on appeal and because the record was sufficient to show that she was entitled to a credit, the matter was not waived by her failure to include transcripts from the sentencing proceeding and the hearing on the motion for reconsideration.
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| Calibraro v. Bd. of Trs. , No. 1-05-3838,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, August 29, 2006, Decided , August 29, 2006, Opinion Filed
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Overview: Clear language of 5 Ill. Comp. Stat. 120/1 was that while it was public policy that public bodies such as pension board conduct open hearings, it was allowed to hold closed meeting to consider evidence or testimony presented in open hearing. Board did not violate firefighter's rights by considering disability application in closed session.
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| Harris v. Owsley (In re Estate of Hoellen), Nos. 1-05-0067 & 1-05-0090 cons.,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, August 29, 2006, Decided
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Overview: When the trial court found that a police officer had used his position to gain undue influence over a senior citizen, the officer's conduct justified punitive damages. Moreover, the trial court had not only awarded nominal damages, but had vacated a deed and a trust and removed the officer from the senior citizen's bank accounts and death benefits.
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| People v. Sams, No. 1-05-2208,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, August 29, 2006, Decided , August 29, 2006, Opinion Filed
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Overview: Trial court's determination that defendant's inculpatory statement was involuntary based on defendant's prior lengthy detainment was not against manifest weight of evidence; although defendant was apprised of constitutional rights and was interrogated sporadically for acceptable periods of time, defendant was detained for an "enormously long time."
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| Vill. of Plainfield v. Nowicki, No. 3-05-0713,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, August 29, 2006, Filed
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Overview: Trial court's refusal of a request by defense counsel in a driving under the influence case that the court question the jury venire about whether they drank alcohol socially and, if not, whether they had any religious or moral opinions regarding drinking alcohol was reversed and remanded because the court's refusal constituted reversible error.
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| Gallagher v. Lenart, No. 1-06-0065,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, August 30, 2006, Decided
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Overview: When an employer in settling a workers' compensation claim did not specifically reserve its workers' compensation lien under 820 Ill. Comp. Stat. Ann. 305/5(b), it was error to hold that it had waived it. Such a waiver had to be explicitly stated in a settlement agreement and could not simply be implied by a lack of any reference to a lien.
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| People v. Coleman, No. 2-04-1084,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, August 30, 2006, Filed
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Overview: Defendant was not justified in using force against victim who held defendant's car keys until police arrived, as victim justifiably applied reasonable force to prevent defendant from driving based on defendant's actions which indicated that defendant intended to flee the scene of the accident, as well as on defendant's apparent intoxicated state.
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| People v. Scott, No. 1-04-3295,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, August 30, 2006, Decided , August 30, 2006, Filed
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Overview: There was insufficient evidence of constructive possession to convict defendant of possession of a controlled substance under 720 Ill. Comp. Stat. Ann. 570/402(a)(2)(A). The codefendant possessed the key to the mailbox in which the larger bag of cocaine was found, so defendant lacked the ability to maintain control and dominion over the larger bag.
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| Ramsey Emergency Servs. v. Ill. Commerce Comm'n, No. 1-05-2518,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, August 31, 2006, Decided
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Overview: Denial by the Illinois Commerce Commission (ICC) of a telecommunications carrier's application for a certificate of authority, based upon perceived deficiencies in the carrier's financial and technical resources, was affirmed because, under 220 Ill. Comp. Stat. Ann. 5/10-201(e)(iv)(A), substantial evidence supported the ICC's findings.
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