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   State Courts - Illinois - August 3 - August 6, 2007

  
People v. Donald C. (In re P.M.C.), NO. 5-07-0127, APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, August 3, 2007, Filed
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Overview: Father's Fifth Amendment right against self-incrimination was violated where the sole viable basis for finding he was unfit under 750 Ill. Comp. Stat. Ann. 50/1(D)(m)(i), (ii), was his refusal, at the unfitness hearing, to admit to sexual abuse of one of his children and his further testimony that prior admissions in that regard were insincere.

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People v. Marshall, No. 1-05-2083, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, August 3, 2007, Decided
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Overview: Denial of petition for postconviction relief was upheld as trial counsel reasonably determined presenting codefendant's potential testimony would not have furthered inmate's case and Ill. Sup. Ct. R. 651(c) did not require third-stage counsel, whose job was to argue merits of petition presented by second-stage counsel, to duplicate those efforts.

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People v. Sanchez, No. 1-05-2174, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, August 3, 2007, Decided
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Overview: Conviction for possession of controlled substance with intent to deliver under 720 Ill. Comp. Stat. Ann. 570/401, was supported by evidence that defendant expected $ 3,000 payment to transport box across town, suggesting defendant knew of the cocaine's presence, and that defendant was solely entrusted with box containing $ 2.5 million in cocaine.

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People v. Schneider, No. 2-05-0819, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, August 3, 2007, Filed
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Overview: Trial court did not err in granting State's motion for substitution of judge pursuant to 725 Ill. Comp. Stat. Ann. 5/114-5(c), as the State's motion for substitution under that statutory section was timely filed because it was filed within 10 days after cause could have been considered to be placed on the trial call of the judge to be substituted.

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Smart Growth Sugar Grove, LLC v. Vill. of Sugar Grove, No. 2-06-0656, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, August 3, 2007, Filed
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Overview: Trial court did not err in dismissing limited liability company's action against village that challenged refusal to rezone property and provision in comprehensive plan; refusal to rezone counts were time barred under 65 Ill. Comp. Stat. Ann. 5/7-1-46 and challenge-to-provision counts failed because comprehensive plan was advisory and not the law.

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Estate of Phelan v. Baskin, No. 1-06-0820, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, August 6, 2007, Decided, August 6, 2007, Opinion Filed
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Overview: A daughter was not entitled to reformation of her father's trust because she did not prove he did not know the trust would fail if he died within three years of creating it, but the will's execution prior to the trust did not bar incorporation of the trust by reference into the will, because no law required the trust to be signed before the will.

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Peleton, Inc. v. McGivern's, Inc., No. 1-06-0538, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, August 6, 2007, Filed
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Overview: As both lease and sublease allowed lessor to recover attorney fees against non-prevailing parties in litigation where lessor was made a party in suits against lessee, both lessee and sublessee were properly required to pay 50% of lessor's attorney fees; while lessee and sublessee prevailed on some issues, they did not prevail on any against lessor.

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People v. Cummings, No. 1-05-2058, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, August 6, 2007, Decided, August 6, 2007, Opinion Filed
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Overview: Dismissing defendant's post-conviction claim that his mandatory life habitual offender sentence was disproportionate, under Ill. Const. art. I, § 11, was proper because (1) his petition did not raise it, (2) res judicata barred it, and (3) a claimed disproportionate armed robbery sentence did not make an habitual offender sentence disproportionate.

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