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   State Courts - Illinois - September 25 - September 27, 2007

  
People v. Richardson, No. 1-05-2042, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, September 25, 2007, Decided
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Overview: Defendant was entitled to a new trial because the trial court committed reversible error in failing to grant defendant's motion to suppress where the State failed to carry its burden of showing that an injury defendant sustained while in police custody did not ultimately result in defendant's confession to killing his 11-month-old daughter.

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Abruzzo v. City of Park Ridge, No. 104935, SUPREME COURT OF ILLINOIS, September 26, 2007, Decided
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Cohen v. Blockbuster Entm't, Inc., No. 1-06-2863, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, September 26, 2007, Decided, September 26, 2007, Filed
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Overview: Trial court abused its discretion in ruling defendant was judicially estopped from seeking decertification of national class based on its agreement to similar class for settlement purposes in Texas litigation; application of judicial estoppel would abdicate trial court's class certification responsibilities under 735 Ill. Comp. Stat. Ann. 5/2-801.

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Judge-Zeit v. General Parking Corp., No. 1-06-0181, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, September 26, 2007, Decided
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Overview: Trial court properly granted summary judgment to property manager on the claimant's complaint for negligence that she filed after she allegedly fell on snow that had accumulated at its parking facility because the area where the alleged slip and fall occurred had not been plowed; the property manager did not have a duty to have plowed that area.

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Smith v. Waukegan Park Dist., No. 104960, SUPREME COURT OF ILLINOIS, September 26, 2007, Decided
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Maxit, Inc. v. Van Cleve , No. 2-06-1025, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, September 27, 2007, Filed
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Overview: As interpretation of a settlement release as pertaining to both a UIM claim and a workers' compensation claim would have voided the release under 820 Ill. Comp. Stat. Ann. 305/23 because Workers' Compensation Commission did not approve the settlement, the release was interpreted as applying only to the UIM claim as the employee had argued.

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People v. Gilbert, No. 1-05-0414, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, September 27, 2007, Decided
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People v. Teran, No. 2-05-1103, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, September 27, 2007, Filed
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Overview: Judgment was affirmed as inmate's claim that defense counsel refused to investigate his claim that he had invoked his Miranda rights was frivolous as counsel reasonably moved to suppress inmate's statement, and provided expert who concluded that inmate had deficient abilities to rationally appreciate his waiver of his Miranda rights.

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