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| Detrana v. Such, No. 1-05-1263,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, November 20, 2006, Opinion Filed
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Overview: In a landlord-tenant dispute, the owner-occupied exclusion of the City of Chicago Residential Landlord and Tenant Ordinance (RLTO) applied to the building because the RLTO definition of "owner" was clear and unambiguous and there was no "control" requirement; the tenant's attorney should not have been sanctioned under Ill. Sup. Ct. R. 137.
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| In re Marriage of Best, Nos. 2-05-0947 & 2-05-1001 cons.,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, November 20, 2006, Filed
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Overview: Since a declaratory judgment simply decided whether the antenuptial agreement provided an affirmative defense to the ex-wife's demands for fees and support, without resolving the claims associated with those demands, it did not satisfy the termination-of-controversy requirement of 735 Ill. Comp. Stat. 5/2-701 (2004) and was improper.
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| People v. Cundiff (In re C.C.), NO. 4-06-0535,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, November 20, 2006, Filed
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Overview: Mother's claim that she was denied effective assistance of counsel, pursuant to Ill. Const. art. I, § 8 and the Sixth Amendment, in her termination of parental rights proceeding was rejected on appeal; Cronic ineffective assistance of counsel test did not apply and she could not show under the Strickland test that she had been prejudiced.
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| People v. Johnson, No. 2-04-1030,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, November 20, 2006, Filed
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Overview: Circumstances indicated that a statement defendant gave to the police was voluntary and did not violate Ill. Const. art. I, § 10 (1970); defendant was read his Miranda rights, the duration of the interrogation was relatively short, and defendant was accompanied by his mother throughout. His conviction for first-degree murder was affirmed.
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| People v. Natal, No. 1-05-1643,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, November 20, 2006, Opinion Filed
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Overview: Defendant's conviction of residential burglary, 720 Ill. Comp. Stat. Ann. 5/19-3(a) (2002), was reversed because the trial court impermissibly inferred the burglary merely from defendant's possession of the stolen property and there was no corroborating evidence of defendant's guilt.
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| People v. Sharon L.N. (In re Sharon L.N.), NO. 4-06-0045,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, November 20, 2006, Filed
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Overview: Trial court's order that the mentally-ill person be involuntarily admitted to a particular mental health center was reversed; the State failed to satisfy 405 Ill. Comp. Stat. Ann. 5/3-807 because it did not offer the testimony of an expert witness at the relevant hearing on admission who had examined the mentally-ill person.
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| People v. Shirley M. (In re Shirley M.), NO. 4-06-0263,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, November 20, 2006, Filed
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Overview: Patient's procedural due process rights were not violated when an involuntary-admission hearing was held without her presence and without her having consulted with her attorney, because, inter alia, counsel was not prevented from conferring with her under 405 Ill. Comp. Stat. Ann. 5/3-805 since she refused to speak to him under any circumstances.
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| Defilippis v. Gardner, No. 2-06-0019,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, November 21, 2006, Filed
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Overview: Trial court erred in entering an order compelling the production, in a medical negligence action, of the names and addresses of 20 patients upon whom a doctor had performed a certain procedure; disclosure was prohibited under 735 Ill. Comp. Stat. Ann. 5/8-802 as it would have disclosed the nature of those patients' conditions and their treatment.
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| People v. Dwight, No. 1-05-1898,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, November 21, 2006, Decided
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Overview: There was adequate evidence to place issue of defendant's sanity before jury where, among other things, there was evidence that at or near the time of the crime, defendant's behavior changed markedly, his appearance became unkempt, not neat and clean as he had been, he spoke loudly and cursed a great deal, and he was paranoid, anxious, and frantic.
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