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   State Courts - Illinois - September 22 - September 25, 2006

  
CCP Ltd. P'ship v. First Source Fin., Inc., No. 1-05-3235, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, September 22, 2006, Decided , September 22, 2006, Opinion Filed
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Overview: In a case involving the proper characterization of a contract between a bank and the owners of a corporation, because the contract covered an indefinite series of revolving loans, the trial court correctly characterized it as a continuing guaranty. The contract did not include any express limitation on the right of revocation.

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Cesario v. Bd. of Fire, Police & Pub. Safety Comm'rs , No. 1-04-3882, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, September 22, 2006, Decided
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Overview: Where disciplinary proceeding against officer before Board of Fire, Police, and Public Safety Commissioners of Town of Cicero was voluntarily dismissed and where there was no record that hearing was commenced within 30 days of refiling under 65 Ill. Comp. Stat. Ann. 5/10-2.1-17, officer's termination was reversed for lack of jurisdiction.

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Founders Ins. Co. v. White, No. 1-05-1921, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, September 22, 2006, Decided
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Overview: Insurance broker was not agent of insurer where broker allegedly procured incorrect coverage for driver. Broker owed duty to driver rather than to insurer. Driver set broker in motion by seeking coverage. Broker worked with numerous insurers and obtained policy with most competitive rate. Broker financed portion of driver's premium.

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Marsaw v. Richards, No. 1-04-2902, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, September 22, 2006, Decided , September 22, 2006, Filed
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Overview: Trial court's order for an election of new church directors, which set out written criteria for church members who could vote in the election, was affirmed as the court did not violate the church's autonomy under U.S. Const. amend. I, nor restrict the exercise of religion under 775 Ill. Comp. Stat. Ann. 35/15 and 775 Ill. Comp. Stat. Ann. 35/2015.

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People v. Galan, No. 1-04-2612, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, September 22, 2006, Decided
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Overview: Trial court correctly granted defendant's motion to quash his arrest and to suppress evidence because the Chicago police officers who arrested defendant in the State of Indiana disregarded Ind. Code Ann. § 35-33-3-2, the Indiana fresh pursuit statute, by not taking him before an Indiana judge for review of the lawfulness of his arrest in Indiana.

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Buenz v. Frontline Transp. Co., No. 1-05-2587, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, September 25, 2006, Filed
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Overview: A transportation company was obligated to indemnify a trailer owner against a claim that the owner's negligence contributed to a tractor trailer accident because an agreement obligating the company to indemnify the owner against any and all claims included the owner's own negligence and the negligence claim was within the agreement's scope.

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People v. Natal, No. 1-05-1643, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, September 25, 2006, Filed
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Overview: Trial court's judgment that convicted defendant was reversed, as sufficient evidence did not support his residential burglary conviction pursuant to 720 Ill. Comp. Stat. Ann. 5/19-3(a); evidence he had exclusive possession of items taken in burglary was insufficient, standing alone, to support guilty verdict of burglary beyond a reasonable doubt.

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People v. Vasquez, No. 1-05-0106, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, September 25, 2006, Filed
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Overview: Defendant was properly convicted of aggravated unlawful use of a weapon by a felon and unlawful use of a weapon by a felon under 720 Ill. Comp. Stat. Ann. 5/24-1.6, .1(a) because the evidence was sufficient, he showed no prejudicial errors, reasonable doubt was properly not defined for the jury, and he received effective assistance of counsel.

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