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State Courts -
Illinois - August 10 - August 13, 2007
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People v. Jones, No. 1-05-0020,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, August 10, 2007, Decided
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Overview: Defendant was entitled, under 725 Ill. Comp. Stat. 5/110-14 (2004), based on his pre-trial incarceration for a bailable offense, to a credit against some charges he was ordered, at sentencing, to pay because these charges were fines, and no charge could be imposed under 725 Ill. Comp. Stat. 240/10(c)(2) (2004) because other fines had been imposed.
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People v. Jones, No. 1-05-3883,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, August 10, 2007, Decided, August 10, 2007, Opinion Filed
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Overview: Evidence sufficiently sustained defendant's conviction of first-degree murder under accountability theory in violation of 720 Ill. Comp. Stat. Ann. 5/9-1(a)(1),(a)(2); it showed that he participated in beating and aggravated kidnapping of victim, and, thus, aided and abetted commission of the murder despite not being present for the murder itself.
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Nat'l Fire Ins. Co. v. Kilfoy, No. 1-06-0415,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, August 13, 2007, Decided, August 13, 2007, Opinion Filed
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Overview: Insurer had no duty to defend or indemnify insured eye surgery business on underlying medical malpractice claim; allegations in underlying action of negligent hiring, administrative supervision, and business operation, all presumed specialized knowledge and skill that brought the complaint within a "professional services" policy exclusion.
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People v. Gone, No. 3-04-0938,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, August 13, 2007, Filed
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Overview: Use of stun belt did not violate due process rights where, inter alia, defendant was charged with serious crimes of violence, had prior record of violence, and defendant presented a possible escape risk. Allegedly improper jury instruction did not amount to plain error as evidence of guilt was not so closely balanced prejudice might have resulted.
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