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| People v. Silver, Nos. 2-06-1022 & 2-06-1080 cons.,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 2, 2007, Filed
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Overview: Denial of defendant's motion to dismiss indictments charging him with possession of child pornography was error; three-year delay between issuance of indictments and arrest denied speedy trial right under U.S. Const. amends. VI, XIV, and Ill. Const. art. I, § 8, especially since evidence showed State knew where he was but did not try to arrest him.
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| Madison Mut. Ins. Co. v. Kessler, NO. 5-06-0599,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, October 3, 2007, Filed
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Overview: Trial court erred in granting the vehicle owner's summary judgment cross-motion and in finding pursuant to 625 Ill. Comp. Stat. Ann. 5/5-102 that insurance company's policy provided primary coverage regarding vehicle accident; that statute did not apply because "permitted user" mentioned in that statute was not involved in the relevant accident.
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| Anderson v. Kohler, No. 2-05-1212,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 4, 2007, Filed
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Overview: Trial court violated alleged property buyers' Ill. Const. art. I, § 2 procedural due process rights when it relied on prior trial transcript regarding their breach of oral contract claim rather than letting them present case-in-chief anew before it; credibility determinations were particularly important and could not be made from the transcript.
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| Malmloff v. Kerr, Docket No. 103719.,
SUPREME COURT OF ILLINOIS, October 4, 2007, Opinion Filed
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Overview: Trial court did not abuse its discretion when it considered property owner's own fault in balancing the equities in owner's action under 35 Ill. Comp. Stat. Ann. 200/21-305(a)(1) to obtain award from county tax deed indemnity fund where owner knew of his obligation to pay property tax, was able to do so, and knew the consequences of failing to pay.
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| Clinton Imperial China, Inc. v. Lippert Mktg., Ltd., No. 1-05-4070,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, October 5, 2007, Decided, October 5, 2007, Filed
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Overview: Judgment was affirmed as an agent did not forfeit its right to commissions under the parties' agreement as the agent's failure to provide services after July 1995 and the taping of a conversation with a third party were not due to disloyalty to the manufacturer. Further, the third party increased its orders after the agent filed suit against it.
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| People v. Lisle, No. 3-05-0032,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, October 5, 2007, Filed
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Overview: Admission of statement victim made to victim's aunt did not violate Confrontation Clause in Ill. Const. art. I, § 8, and U.S. Const. amend. VI, because statement was admissible under excited utterance exception to the hearsay rule; statement was made at most 18 minutes after victim was shot five times and just after victim arrived at aunt's house.
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| Roszak v. Kankakee Firefighters' Pension Bd., No. 3-06-0865,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, October 5, 2007, Filed
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Overview: A firefighter was wrongly denied line of duty disability for not pursuing treatment because (1) the Illinois Pension Code had no provision like 820 Ill. Comp. Stat. 305/19(d) (2006), denying workers' compensation for this reason, and (2) the evidence showed not aggressively pursuing treatment was no superseding cause of his continuing disability.
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| State ex rel. Beeler, Schad & Diamond, P.C. v. Ritz Camera Ctrs., Inc., No. 1-05-1059,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, October 5, 2007, Decided
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Overview: A remote retailer could not make a knowingly false record or statement to create liability under the Illinois Whistleblower Reward and Protection Act if the retailer disclosed that no use tax was due or collected based on its reasonable interpretation of the law. The Act did not violate Ill. Const. art. V, §§ 15 and 21.
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| People v. Parker, No. 1-06-1637,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, October 9, 2007, Decided
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Overview: Defendant's Fourth Amendment rights were not violated by the warrantless search of his home; although he was asleep in the house, the only way he could override valid consent to search given by his live-in girlfriend was if he was present "at the door" when she gave the consent and he expressly objected to the search at that time.
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| People v. Welch, No. 2-05-0688,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 9, 2007, Filed
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Overview: Inmate was entitled to relief under Post-Conviction Hearing Act because trial court failed to admonish him at the time of his guilty plea, pursuant to Ill. Sup. Ct. R. 402, that he was required to serve a three-year period of mandatory supervised release. Because inmate had no knowledge of the issue until later, there was no procedural default.
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