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State Courts -
Illinois - September 28, 2007
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People v. Burtron, NO. 5-06-0619,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, September 28, 2007, Filed
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Overview: Denial of motion to dismiss charges after mistrial was not abuse of discretion, as mistrial was result of defense counsel's repeated attempts to abuse rules of trial procedure, excessive argument with judge, and repeated improper commentary before jury regarding objections by, and other conduct of State's attorney, after being warned no to do so.
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People v. Hannah E. (In re Hannah E.), No. 1-06-1956,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, September 28, 2007, Decided, September 28, 2007, Opinion Filed
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Overview: Trial court properly found, in granting State's involuntary admission of alleged mentally ill person petition, that State had sufficiently shown she suffered from paranoid personality disorder and was reasonably expected to harm others; doctors agreed she suffered from that disorder and she sought to return to place responsible for that disorder.
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People v. Johnson, No. 1-05-0997,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, September 28, 2007, Decided, September 28, 2007, Opinion Filed
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Overview: Trial court committed reversible error in admitting transcripts of defendant's online communications with investigator he thought was a young girl in indecent solicitation prosecution; transcripts were prejudicial, court had said they would be stricken but they were not, and no foundation, under 45 Ill. 2d R. 236(a), or otherwise, was established.
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People v. Keyonne D. (In re Keyonne D.), No. 1-06-0465,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, September 28, 2007, Decided, September 28, 2007, Opinion Filed
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Overview: Juvenile court erred in adjudicating the juvenile to be a delinquent minor and subsequently committing her to the Department of Corrections, as the failure to serve supplemental petitions on the juvenile's father despite knowing his address deprived the juvenile court of subject matter jurisdiction and voided the juvenile delinquency proceedings.
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People v. Lieberman (In re Lieberman), No. 1-06-1272,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, September 28, 2007, Decided, September 28, 2007, Opinion filed
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Overview: Respondent's commitment as a sexually violent person under the Sexually Violent Persons Commitment Act, 725 Ill. Comp. Stat. Ann. 207/1 et seq. (1998), was affirmed, because there was sufficient evidence presented by the State to establish that respondent had serious difficulty controlling his sexually violent behavior.
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People v. Mario T. (In re Mario T.), No. 1-05-3499,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, September 28, 2007, Decided, September 28, 2007, Opinion Filed
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Overview: Denial of motion to quash arrest and suppress evidence was erroneous as factors relied on by officers, that officers were outnumbered, that building was high crime area, recent report of criminal activity, fact respondent juvenile did not live in building, and officer's stated fear for her safety, were insufficient to justify protective pat-down.
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Reilly v. Wyeth, No. 1-06-1174,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, September 28, 2007, Decided, September 28, 2007, Filed
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Overview: Trial court erred in dismissing representatives' claims against the component-part suppliers for failing to exhaust remedies under National Childhood Vaccine Injury Act of 1986, 42 U.S.C.S. § 300aa-1 et seq. (Act), as the component part supplied, thimerosal, was not a vaccine as contemplated under the Act, which meant the Act did not apply to them.
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Wernikoff v. Health Care Serv. Corp., No. 1-06-2949,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, September 28, 2007, Decided
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Overview: Trial court properly granted summary judgment to a corporation as to a claimed violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 Ill. Comp. Stat. Ann. 505/1 et seq. (2000), and common law fraud, because plaintiff failed to show that he relied on the corporation's representations concerning insurance rate increases.
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