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| People v. Allen, No. 3-06-0783,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, August 7, 2007, Decided
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Overview: Conviction for DUI under 625 Ill. Comp. Stat. Ann. 5/11-501(a)(6) was reversed where officer clearly stated it was "impossible" to tell if defendant had zero milligrams or 100 milligrams of cannabis in breath or blood from smelling breath and State presented no evidence cannabis would have been in breath, urine, or blood from use night before.
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| People v. Gilberto G.-P. (In re Gilberto G.-P.), Nos. 2-04-0312 & 2-05-0454 cons.,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, August 7, 2007, Filed
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Overview: As defendant was 16 years old at time of alleged armed robbery, under 705 Ill. Comp. Stat. Ann. 405/5-130(1)(a), trial court had no jurisdiction and no authority to accept defendant's admission to allegations in wardship petition; as proceedings before dismissal of petition were a nullity, there was no prior jeopardy for double jeopardy purposes.
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| Schroeder v. Winyard, No. 2-06-0630,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, August 7, 2007, Filed
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Overview: Summary judgment in a divorcee's alienation of affections action was granted to the girlfriend of the divorcee's former husband as the evidence did not create a genuine issue of fact that would have precluded potential liability of the girlfriend to the divorcee from being discharged under 11 U.S.C.S. § 523 in the girlfriend's prior bankruptcy.
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| People v. Blakney, 1-04-3669,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, August 8, 2007, Decided
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Overview: While $5 assessment for Spinal Cord Fund, 730 Ill. Comp. Stat. Ann. 5/5-9-1.1(c), was properly assessed against defendant as a fine, additional assessment for Violent Crime Victim Assistance Fund, 725 Ill. Comp. Stat. Ann. 240/10(c), was improper as other fines had already been assessed.
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| People v. Kaszuba, No. 1-05-2469,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, August 8, 2007, Decided
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Overview: Defendant's conviction for first degree murder (720 Ill. Comp. Stat. Ann. 5/9-1(a)(1)) was affirmed. The record revealed that defendant inculpated himself in a videotaped statement to police. Furthermore, several witnesses testified that they saw defendant on the evening in question at the scene of the shooting.
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| People v. Washington, No. 1-05-0138,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, August 8, 2007, Decided, August 8, 2007, Filed
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Overview: Trial court erred in failing to give lesser included offense instruction because elements of theft were stated in robbery and armed robbery indictments and there was evidence supporting a theft finding, however, the error was harmless as the jury convicted defendant of greater offense of armed robbery, so it would not have convicted him of theft.
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| Gallagher v. Lenart, Docket No. 103522,
SUPREME COURT OF ILLINOIS, August 9, 2007, Opinion filed
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Overview: Appellate court properly found that employer did not waive right to enforce its workers' compensation lien pursuant to 820 Ill. Comp. Stat. Ann. 305/5(b) as to settlement proceeds that injured party received; neither settlement contract nor resignation agreement explicitly referenced workers' compensation lien, as would be required to waive it.
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| People v. Bridgewater, No. 3-05-0897,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, August 9, 2007, Filed
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Overview: Trial court erred in suppressing evidence seized during search of vehicle incident to defendant's arrest; arrest was not too remote from an officer's attempt to stop defendant for traffic violation, defendant was a recent occupant of his vehicle, and search of the vehicle was supported by the precedent of the federal Belton and Thorton decisions.
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