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| People v. Damian, NO. 5-06-0026,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, August 14, 2007, Opinion Filed
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Overview: Because a police officer had probable cause under 725 Ill. Comp. Stat. Ann. 5/107-2(1)(c) (2004) to arrest defendant for driving under the influence of drugs, the officer had authority under Ill. Const. art. I, § 6 to search defendant's car; therefore, the trial court erred in granting defendant's motion to suppress.
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| People v. Morrison, No. 1-04-3545,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, August 14, 2007, Decided, August 14, 2007, Opinion Filed
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Overview: Defendant did not show he was denied effective assistance of counsel in violation of Ill. Const. art. I, § 8 and the Sixth Amendment as a result of his attorney not filing a motion to quash arrest and suppress evidence; initial Terry stop was justified and the length of stop was reasonable, which meant such a motion would not have been successful.
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| People v. Sutton, No. 1-06-0475,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, August 14, 2007, Decided, August 14, 2007, Opinion Filed
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Overview: Trial court did not err in granting defendant's motion to suppress posthypnotic statements of the sole eyewitness to killing at issue, without holding an evidentiary hearing on remand regarding that ruling, as prehypnotic recall was not in dispute and the posthypnotic testimony was both per se inadmissible and not based on his prehypnotic recall.
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| Rose v. Hollinger Int'l, Inc., No. 1-06-2885,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, August 14, 2007, Decided, August 14, 2007, Opinion Filed
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Overview: The words in an e-mail sent to employees from a newspaper's editor-in-chief, referring to a former publisher of the newspaper, were protected opinions under the First Amendment. The editor-in-chief was not making a case or stating an argument, and did not claim to be in possession of objectively verifiable facts.
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| People v. Alex T. (In re Alex T.), No. 2-06-0049,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, August 15, 2007, Filed
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Overview: Trial court in entering involuntary admission order that involuntarily committed individual, as the order was void under 405 Ill. Comp. Stat. Ann. 5/3-100 since there was a felony charge pending against him; that statute stated that trial court only had jurisdiction over persons not charged with a felony who were subject to involuntary admission.
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| People v. Griffin, No. 1-05-2481,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, August 15, 2007, Decided, August 15, 2007, Opinion Filed
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Overview: Tape recording was admissible where defendant identified his voice as speaker and parties agreed to stipulate to accuracy of accompanying transcript. Consecutive sentences should have been imposed under 730 Ill. Comp. Stat. Ann. 5/5-8-4(a)(i), as acts committed, except one, were committed against one person and death constituted severe injury.
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| People v. Harris, No. 3-05-0724,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, August 15, 2007, Filed
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Overview: Defendant's conviction of armed robbery, 720 Ill. Comp. Stat. Ann. 5/18-2(a)(2) (2004), was affirmed, because the trial court properly allowed the State to impeach defendant using evidence of a juvenile adjudication, as defendant opened the door by making false testimony on direct examination concerning his history.
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| Progressive Universal Ins. Co. v. Taylor, NOS. 4-06-1003, 4-06-1004 cons.,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, August 15, 2007, Filed
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Overview: Although medical providers had a lien on passengers' insurance proceeds checks, 770 Ill. Comp. Stat. Ann. 23/10(a) (2004) limited the providers' lien to 40%; therefore, the trial court erred in granting summary judgment to the providers and requiring the passengers to endorse the checks over to the providers.
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| Reppert v. S. Ill. Univ., NO. 4-06-1014,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, August 15, 2007, Filed
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Overview: Summary judgment in favor of university reversed; under liberal construction of Illinois Freedom of Information Act, university employees' contracts of employment were "public records" under 5 Ill. Comp. Stat. Ann. 140/2(c) and were not exempt from disclosure under 5 Ill. Comp. Stat. Ann. 140/7 simply because they were in personnel files.
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