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| In re Duggan, No. 2-06-0061,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 16, 2007, Filed
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Overview: While appealability finding was not made pursuant to Ill. Sup. Ct. R. 304(a) in dissolution of marriage case where an issue remained in the trial court, appellate court had jurisdiction over husband's appeal pursuant to Ill. Sup. Ct. R. 303(a), which deemed notice of appeal he filed ineffective until judgment was entered disposing of that claim.
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| In re Marriage of Gutman, No. 2-06-0213,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 16, 2007, Filed
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Overview: Ex-wife's appeal from a judgment granting ex-husband's motion to terminate maintenance was dismissed because ex-wife's contempt petition did not raise a "claim for relief" for purposes of Ill. Sup. Ct. R. 304(a), and thus, ex-wife was required to appeal within 30 days of judgment or 30 days of denial of her motion to vacate, which she failed to do.
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| In re Blum, No. 2-06-0235,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 17, 2007, Filed
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Overview: An ex-wife's standard of living had declined substantially since the dissolution. Accordingly, the trial court abused its discretion in reducing her maintenance from a total of approximately $ 8,600 per month to $ 3,500 per month pursuant to 750 Ill. Comp. Stat. Ann. 5/504 of the Illinois Marriage and Dissolution of Marriage Act.
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| People v. House, No. 1-05-1923,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, October 17, 2007, Decided
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Overview: Defense counsel was properly disqualified because, under relevant factors, (1) counsel might not vigorously cross-examine prosecution witnesses counsel represented, (2) representation of defendant and the witnesses created an appearance of impropriety, and (3) counsel's access to information about the witnesses would deny the State a fair trial.
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| People v. Walton, No. 1-06-1276,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, October 17, 2007, Decided, October 17, 2007, Opinion Filed
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Overview: Trial counsel was not ineffective for opting to pursue all-or-nothing strategy in first degree murder trial and argue self-defense, as, inter alia, there was no reasonable probability that, had counsel argued for second-degree murder conviction, result would have differed. Conviction for knowing murder was vacated under one-act, one-crime doctrine.
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| People ex rel. Devine v. Stralka, Docket No. 102962.,
SUPREME COURT OF ILLINOIS, October 18, 2007, Opinion Filed
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Overview: Trial court exceeded its authority when it vacated delinquency finding 11 months after juvenile pled guilty and was sentenced for offense of unauthorized possession or storage of a weapon. While trial court retained jurisdiction to modify sentencing disposition, nothing in Juvenile Court Act of 1987 gave it authority to modify delinquency finding.
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| People v. Harrison, Docket No. 102859.,
SUPREME COURT OF ILLINOIS, October 18, 2007, Opinion Filed
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Overview: Supreme Court of Illinois overruled People v. Trotter, 371 Ill. App. 3d 869, holding a finding of not guilty by reason of insanity (NGRI) was no less an acquittal than general acquittal and thus, was not subject to appellate review; finding of NGRI was incompatible with guilt for murder as defendant was unable to appreciate criminality of conduct.
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| People v. Pierce, Docket No. 103272.,
SUPREME COURT OF ILLINOIS, October 18, 2007, Opinion Filed
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Overview: As theft from the person, in violation of 720 Ill. Comp. Stat. Ann. 5/16-1 (2004), was committed even when the property was not in physical contact with the person from whom it was taken, based on common law and case precedents, modified jury instructions that defined such theft to include a taking from the "presence" of the person were proper.
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| People v. Escobedo, 1-05-2229,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, October 19, 2007, Decided
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Overview: Judgment dismissing defendant's re-characterized petition for relief from judgment under 735 Ill. Comp. Stat. Ann. 5/2-1401 was vacated, and the cause was remanded because the trial court failed to provide defendant with the required admonishments before the court re-characterized defendant's pro se pleading as a postconviction petition.
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