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| Brandt Constr. Co. v. Ludwig, No. 3-06-0393,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, September 21, 2007, Filed
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Overview: In a declaratory judgment suit, though certain cities were obligated, pursuant to 820 Ill. Comp. Stat. Ann. 130/4(d), to give a construction company actual notice of an increase in the prevailing rate of pay, such failure to give notice did not relieve the construction company from its obligation to pay the wages at the revised increased rate.
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| Chochorowski v. Home Depot U.S.A., Inc., NO. 5-06-0308,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, September 21, 2007, Decided
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Overview: As plaintiff alleged defendant committed deceptive merchandising in Missouri, her sole cause of action was created by a Missouri statute, and the action was governed by Missouri law, the trial court abused its discretion under Ill. Sup. Ct. R. 187 by denying defendants motion to dismiss based on forum non conveniens.
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| People v. Cunningham, No. 1-05-1512,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, September 21, 2007, Decided
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Overview: Counsel was not ineffective for failing to pursue self-defense theory as lack-of-specific intent strategy used was a viable defense; State had significant burden of proof, self-defense theory would have been inconsistent with defendant's earlier statement he had not seen gun, and evidence showed defendant was driving car and could have sped away.
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| People v. Hunter, No. 1-06-0367,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, September 21, 2007, Decided
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Overview: Defendant's pro se petition for post-conviction relief, pursuant to 725 Ill. Comp. Stat. Ann. 5/122-1 et seq., was properly dismissed summarily as frivolous as defendant failed to object to a stipulation made by his defense counsel at his trial for drug possession and failed to show how the result of the proceeding would have been any different.
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| People v. Melissa A. (In re Tyrese J.), No. 1-07-1078,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, September 21, 2007, Decided
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Overview: Finding that, pursuant to 705 Ill. Comp. Stat. Ann. 405/2-3 and 2-4, child was not neglected due to an injurious environment because father was sole parent and lived separately from drug addicted mother was against manifest weight of evidence, as parents indicated in stipulation they lived together and there was no evidence mother lived elsewhere.
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| People v. Richardson, No. 1-04-3686,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, September 21, 2007, Decided
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Overview: Conflicting responses to police questioning, together with totality of circumstances gave rise to reasonable suspicion of criminal activity and gave officers probable cause to arrest defendant; thus, counsel was not ineffective for not moving to suppress evidence. Stipulation psychiatrist would testify defendant was fit for sentencing met standard.
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| White v. Dep't of Empl. Sec., No. 1-06-3075,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, September 21, 2007, Decided
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Overview: Denial of employee's unemployment claim pursuant to 820 Ill. Comp. Stat. 405/601(A) was proper because record supported findings that employee voluntarily left work without good cause attributable to employer. Two managers testified that employee quit, and claim adjudicator's notes indicated that employee initially informed her that he quit.
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