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| Stahelin v. Forest Pres. Dist. , No. 2-06-0676,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 10, 2007, Filed
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Overview: Property owners' action against an arboretum and a forest preserve district was dismissed because the owners failed to state a cause of action for inverse condemnation as ordinances the district passed regarding the owners' property did not result in a cognizable taking of the property, and the ordinances that were passed were not ultra vires acts.
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| Adames v. Sheahan, No. 1-05-3911,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, October 11, 2007, Decided, October 11, 2007, Opinion Filed
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Overview: Granting summary judgment to sheriff on claim arising out of third party shooting the shooting victim to death was error; he could be held liable under respondeat superior theory for conduct of father, a policeman, in negligently storing weapon father's son found and fired at decedent, if in storing weapon father was acting in scope of employment.
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| Ellison v. Ill. Racing Bd., No. 1-05-3835,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, October 11, 2007, Decided, October 11, 2007, Opinion Filed
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Overview: Suspension and exclusion of a horse trainer by the Illinois Racing Board under 230 Ill. Comp. Stat. Ann. 5/9(e) of the Illinois Horse Racing Act of 1975 was affirmed because the trainer's possession of needles, syringes, injectables, and prescription items and his behavior towards investigators supported the Board's finding that he violated § 9(e).
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| People v. Chapman, NO. 4-06-0228,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, October 11, 2007, Filed
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Overview: Denial of motion to suppress was upheld because officer's testimony was found to be more credible, and any failure comply with knock-and-announce rule did not necessitate exclusion of evidence. Stipulated bench trial was not tantamount to a guilty-plea proceeding; thus, trial court was not required to admonish defendant under Ill. Sup. Ct. R. 402.
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| People v. Lofton, NO. 4-06-0382,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, October 11, 2007, Filed
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| People v. Walton, NO. 4-05-0873,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, October 11, 2007, Filed
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Overview: Trial court did not err in denying defendant's motion to strike crime technician's testimony in his predatory criminal sexual assault case after certain DNA-related material pursuant to Ill. Sup. Ct. R. 417 was inadvertently not disclosed; remedy of allowing defendant to recall witnesses regarding that material was proper under the circumstances.
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| Ioerger v. Halverson Constr. Co., No. 3-06-0399,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, October 12, 2007, Filed
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Overview: Trial court erred in granting summary judgment to construction company and joint venture on ironworkers' negligence action after trial court concluded that they were protected by exclusive remedy of Workers' Compensation Act, 820 Ill. Comp. Stat. Ann. 305/5(a); they were not responsible for providing workers' compensation coverage on ironworkers.
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| People v. Carter, No. 1-06-0210,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, October 12, 2007, Decided
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Overview: As the trial court properly determined that an inmates successive post-conviction petition was frivolous, it was authorized by 735 Ill. Comp. Stat. Ann. 5/122-105(a) to assess fees and costs against the inmate, and that assessment did not violate his due process or equal protection rights under the Illinois or U.S. Constitutions.
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