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| People v. Gutierrez, No. 1-05-3633,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, September 10, 2007, Decided, September 10, 2007, Opinion Filed
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Overview: Appellate court lacked jurisdiction to hear defendant's appeal, filed three years after defendant was sentenced, because notice of appeal ordered by trial court was outside the authority of Ill. Sup. Ct. R. 606(b), and the appellate court was not free to bypass appellate rules even though appointed counsel did not file a timely notice of appeal.
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| People v. Williams, No. 1-05-1141,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, September 10, 2007, Decided, September 10, 2007, Opinion Filed
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Overview: Evidence insufficiently supported a conviction for violation of 720 Ill. Comp. Stat. Ann. 5/16-7(a)(2), and a conviction for violation of 720 Ill. Comp. Stat. Ann. 5/16-8, as State did not prove DVDs found in defendant's possession had recorded images; a question existed about whether actual DVD was even present inside DVD packaging.
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| Karris v. US Equities Dev., Inc., No. 1-05-1622,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, September 12, 2007, Decided
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Overview: Trial court properly granted summary judgment to defendants as to plaintiff's action seeking specific performance of a real estate sales contract, because no real estate sales contract was formed, as plaintiff did not accept a sale notice unconditionally, but instead made his acceptance conditional on certain factors.
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| People v. Bennett, No. 1-05-3038,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, September 12, 2007, Decided, September 12, 2007, Opinion Filed
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Overview: Since arresting officer had reasonable suspicion to justify Terry stop and detention of defendant was limited to making a quick determination as to his involvement in shooting, investigatory restraint was not transformed into arrest. Expert testimony on defendant's interrogative suggestibility was properly excluded as it would not have aided jury.
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| People v. Natalie S. (In re C.S.), No. 3-06-0425,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, September 12, 2007, Filed
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Overview: Where a mother's parental rights were at issue, it was both reasonable and practical to grant her petition for a mental examination as it would protect the accuracy and fairness of adjudication under 705 Ill. Comp. Stat. Ann. 405/1-3(1) by ensuring that there was a current and complete diagnosis of the mother's mental condition.
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| People v. Reed, No. 3-06-0802,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, September 12, 2007, Decided
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Overview: When placed into context, the trial judge's comments were properly made and did not establish the consideration of an improper factor as the comments showed nothing more than the trial judge's reflection upon the "petty" nature of some of the offenses, upon defendant's moral character, and upon the request that defendant receive a lenient sentence.
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| People v. Turner, No. 3-05-0747,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, September 12, 2007, Filed
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Overview: Judgment was affirmed as evidence supported defendant's theft conviction under 720 Ill. Comp. Stat. Ann. 5/5-2(c) since defendant's presence when co-defendant put shingles in co-defendant's car without disapproval, flight with co-defendant, and failure to report crime supported inference of shared criminal design.
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| Addison Ins. Co. v. Fay, No. 3-06-0085,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, September 13, 2007, Filed
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Overview: Deaths of two boys in excavation pit constituted single occurrence that came within general liability policy's per occurrence rather than aggregate liability limit; deaths were caused by a single act of negligence, the insured's failure to secure the pit, and the deaths were so closely linked in time and space as to be considered one occurrence.
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| People v. Montgomery, NO. 5-06-0344,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, September 13, 2007, Filed
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Overview: Judgment was affirmed as defendant's inculpatory statements were properly suppressed under Seibert as it could be inferred that officers deliberately employed two-step interrogation technique since Missouri detective acknowledged that police waited to give defendant Miranda waiver form until after he confessed to everything.
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